Friday, May 7, 2010

Corporations cannot commit treason, nor be outlawed nor excommunicated, for they have no souls.

          Case of Sutton's Hospital, 10 Rep. 32

Reading some passages from Sir Edward Coke (1552–1634) -- what else does one do on a Friday evening? -- I ran across the passage above.

And found it an interesting observation.

Coke's point was that a corporation cannot form specific intent and cannot suffer a corporal or spiritual punishment. In that he is right.

Now, by way of legal fiction, modern law transfers to the corporation the mind of those directing it thus allowing a corporation to "compass the death of Her Majesty" and so commit treason. (Or, far more likely, to commit murder).

Corporate crime is generally a result of a legal fiction -- put otherwise, corporations are inanimate tools and their actions are not their own, rather their actions are those of the directing minds.

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