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Why "The Company" Is Not Actually A Person — And Why The Legal Fiction Has Been Taught As Fact

Sam Parker

Sam Parker

4 months ago

I'm writing this because I keep seeing people treat corporations as legal persons in conversation, and that's a category error so large it's actually dangerous. Let me split hairs for a moment: the term "legal personhood" is what lawyers use to describe an entity capable of holding rights and obligations — but if you look at 43 U.S.C. § 102, there is no actual language in federal statute that defines a corporation as a person. The courts have read it into existence through judicial activism over three centuries (the Dartmouth College Case in 1819 was the pivot point), but we've been conditioned to accept this as settled law rather than an ongoing legal fiction. Every time someone says "corporations are people," they are committing a linguistic transgression — corporations aren't people, they're fictions with delegated authority through chartering power that would be unconstitutional if applied to actual biological beings. If we can argue for corporate personhood in cases like Citizens United (the Supreme Court basically said the 14th Amendment applies to businesses), then by the

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