So explain to me why a corporation is considered a 'person'? Seriously.?

Question

Hope a Constitutional Law maven is reading.

This concept has long bugged me and seems Just Wrong to me.

A corporation is considered a 'person' -- is this not nutty? And more than just nutty, is it not a cause of much of what's wrong with the country and world?

Does it not help people in charge of corporations avoid consequences for their decisions and actions?

What's the logic behind this bizarre notion?

splain me, Lucy.

Answer 1

Because a corporation is an artificial entity. And the only word we have in common usage for that is "person".

Corporations have some of the same rights and privileges as living persons, but they are not citizens, and they are not alive. So, they do not have all the same privileges and immunities.

The only alternative to using the word "person" would be to come up with some alternate word and use that. But that just complicates the law by adding another level of translation.

So, "person" includes both real living people and artificial entities (like corporations).

As to avoiding consequences, that's the whole point of a corporation, going back centuries. It exists as its own legal entitity, and is legally liable independent of its owners or manages for any wrongs that it commits.

But directors and officers of a corporation are only shielded when they act legally and in good faith. If they act legally, of violate their fiduciary duties to the shareholders, then they are personally liable for their decisions and actiosn. That's the balance between protecting the shareholders (owners of the corporation) and holding people accountable for bad faith.

Answer 2

Corporations are considered persons to protect you.
You are misunderstanding the concept.

As a person it is easier for you to sue a corporation and not just its employees with not as deep pockets.

Employees are still liable under business practices laws of the Federal Government and each state. Offciers of Corporations engaged in wrong doing are punished all the time...maybe not as much as we would like but they are.

Corporations also don't have the right to vote so they are not completlely equal to a person.

Also a little known fact...a corporate attorney represents the corporation as a person and not its officers.
You know how an attorney has to follow the attorney client priviledge and can't act against the client or tell his secrets?

Well that applies to the corporation and not to the officers or employees. Lets say that the attorney finds out that an officers plans to dunp the corporation's toxic waste into a major river that provides water to the local city. This will obviously open the corporation to possible criminal charges so the attorney must protect the corporation not the officer and can report him to the police. Without this distinction the attorney must stay silent and cannot stop the dumping without possibly losing his license.

Hope that helps.

Answer 3

A corporation is considered a legal entity, not a "person" per se.

You can start a company, and it makes money, and pays you.

It does to a degree limit the liability of its directors, depending on the particular laws of the state.

Normally, if a corporation did something wrong, you sue the corporation, not the director. As long as the director is not remiss in his duties as a director of the company. A director can still be held liable for his own personal actions.

Look at it this way, if a company makes an unsafe car and you are injured, and last year it was run by director B, and this year it is run by director C, who are you going to sue, B, C, or the company.

The corporation of course.

Answer 4

Corporate entities are good because they allow a group of private individuals to pool capital for a business enterprise, and the corporate entity can conduct business in its own name, hold property, sue and be sued, and all the things a person can do. In addition to raising more capital, the corporate entity has a durability that humans do not, so business doesn't necessarily get mucked up every time one of the owners dies.

As far as why they are referred to as persons, it's because the corporate entity has more in common with natural persons under the law than they do cows or furniture.

Answer 5

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Answer 6

The basis for today's status for a corporation dates back to the American Civil War.

In the years that America had to develop a diverse industrial base needed to fight a large scale war and develop the resources to build the nation, legal definitions had to be developed to protect the founding of large companies.

With the raw volume of contract law involved in establishing and maintaining such large organizations, the concept of a metaphor marking a large corporation as a 'person' was created.

I'll leave the rest to the legal experts to explain.

Needless to say, I'm no fan of this development.

Answer 7

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RE :So explain to me why a corporation is considered a 'person'? Seriously.?
Hope a Constitutional Law maven is reading.

This concept has long bugged me and seems Just Wrong to me.

A corporation is considered a 'person' -- is this not nutty? And more than just nutty, is it not a cause of much of what's wrong with the country and world?

Does it not help people in charge of corporations avoid consequences for their decisions and actions?

What's the logic behind this bizarre notion?

splain me, Lucy.
2 following 7 answers

Answer 8

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