A person can be described as anything which has a legal right or legal duties.The word person is derived from latin words per, ie, through and sonare, ie, to sound. in ancient times, persona signified an actor's mask through which his voice reached audience. hence is not necessary that only human beings can be persons. Salmond has described a person as "a person is any being to whom the law regards as capable of rights and duties. Any being that is so capable is a person, whethera human being or not, and no being that is so capable is a person even though he be a man" so what basically has salmond says is that a person is nayone who has legal right or who can be legally represented and also says things which are not humanbeings can also be …show more content…
Various philosophers like savigny have also expressly opined that the companies are only fictitious legal person and the reason they have rights and duties is because law has given them such rights and duties and there whole status as legal person is a result of fiction, thi theory is often referred to as fiction theory and it was propounded by Savigny. Another prominent theory is the realist theory which says that legal personality is a reality and not a fiction, it was given by German philosopher Gieke, according to this theory anything which has its own free will is a legal person and since corporations too have the same characteristic they too are legal persons and there legal identity is a reality. This legal theory attained popularity in England because of the support rendered by influential jurists like Maitland and Pollock. in this paper I would like to draw a line of difference between fiction theory and realist theory In real world we have to face situations where …show more content…
Som Nath Dass and others , The Supeme court led to an outcry among people when in a suit it had considered The Guru Granth Sahib as legal person in its judgement and many took the judgement other way. In another judgement the court had accepted the legal position of the Hindu idol where the matter had been brought before court for the recovery of the property of idol which was in illegal possession of someone else. It had also been held by Calcutta High Court that a Hindu deity is capable of holding property as well as being taxed and for the taxing purposes the legal personalities like Hindu gods will also be considered as "individual" and thus they can also be taxed . In most of the cases where an Hindu idol is considered as legal person the matters are pertaing to either taxation or they are related with property disputes
Gunsmoke is about the violence that moved throughout the west and the united states marshal Matt Dillon along with his sidekick Chester, who moved along solving the crimes and lending a hand to anyone who needed it along the way. The staring cast of Gunsmoke was William Conrad as Matt Dillon, Howard McNear as Doc, Parley Baer as Chester, Georgia Ellis as Kitty. Usually the west is describes as a time in history filled with outlaws, gun fights, ghost towns, wagon journeys along trails, it was a time when people picked up and moved hearing of the next booming city where more gold can be found, more money to be made or the way of life was better than before.
"Is a person, One who can consciously perform personal acts? If so, people who are asleep are not people and we may kill them. One with a present capacity to perform personal acts? If so, that would include sleepers but not those in a coma. One with a history of performing personal acts? That would mean that a 17-year old who was born in a coma 17 years ago and is just now coming out of it is not a person. Also, by this definition, there can be no first personal act, no personal acts without a history of past personal acts. One with a future capacity for performing personal acts? That would mean that dying persons are not
Sale, H. A. (2011, March). The new “Public” Corporation. University in St. Louis Legal Studies Research Paper No. 11-04-01, 74, 137. Retrieved from: http://ssrn.com/abstract=1832619
Though many ‘people are aware of what corporate crimes are there are still many who do not know’. A corporate or white-collar crime can be described as “a crime committed by any person through the venue of his or her employment that benefits the business”, ‘this can mean that a corporation does an illegal act of indifference to better the corporation’. It is argued that corporate crimes are more harmful to the general public than acts of intention. When it comes to these ‘crimes it can be said that many of the victims that it affects do not realize, that they are being affected and if and when they do know it is argued that they are told that it is due to a misfortunate accident and that there is no one to blame for the Act’. Many criminologists such as Sutherland argued that corporate crime is something
To be human is to be apart of a whole, mass collective, relating to, or characteristics of humankind rooting from evolution. Human beings are defined as organisms that have human attributes, normally consisting of two arms, two legs a nose, ears and eyes. Personhood is the quality or condition of being an individual person. When a human being is dubbed as a ‘person’, it proclaims their rights as an individual, detaching them from the masses. What makes us different from other beings is our ability to think compassionately, rationally and develop understanding, connections and relationships. We as human beings have a precedence over other beings because we are able to do this.
Giving to the homeless, assisting an elderly woman across the street, and conducting oneself with integrity are all examples of moral acts. Often we consider doing nice things for our family and friends, or going out of our way to help someone in need a “Good Samaritan” act. However, benevolence and moral adherence are only a few of the qualifications necessary for a belief in God and good morality. A moral is defined as, “pertaining to, or concerned with the principles or rules of right conduct or the distinction between right and wrong; ethical” (Dictionary.com). “Objective morality” is our society’s way of signifying that some behaviors are right (honesty, kindness, patience) and some behaviors are wrong (stealing, racism, abuse). We are told by our parents, from atheists, and in holiday songs to be “good for goodness sake,” but is that the only reason we have to be good? Many people were taught, and expected, from a young age to uphold integrity and morality because it is right. Most religious people disagree with morality deprived of God and believe that a person can only be good with God, but it is indeed possible for people to be good without the knowledge of God. I contend that humans can be lacking religion and still know the concept of right or wrong, and that morality can exist independent from God.
Leadership has been studied and defined since the beginning of times. Throughout history, the leadership theory was characterized by the idea of leaders being great men who were brave and sources of authority and Justice (Marsiglia). However, leadership theories have changed over time and new ones have been developed. Similarly, in today’s time, a leader’s leadership style is defined as the way a leader approaches action towards followers to accomplish a mission. Despite the fact that leadership styles are vital, it is concluded that the essence of leadership is actually an individual’s personality and what provides the motivation, purpose, and direction to lead efficiently towards accomplishments. Personality types are known to be important in leadership because they help a leader develop followers accordingly, make valuable and timely decisions, and have a different perspective to accomplish a job. Personality shapes leadership and therefore also leadership styles. Without personality, there would be no leadership styles. Personality types provides the base for leadership development, style, and the foundations for qualities needed for any leadership position.
In order to define personhood, one must first define a human. A Human can be thought about in two different senses, a moral human sense and a genetic human sense. In a moral sense, humans can be thought of as a person who is a member of the moral community. In a genetic sense, humans are merely any physical being categorized as a being in the human species. From this one can conclude that a person is a human in the moral sense. Furthermore, characteristics of a person must be defined in order to differentiate moral beings from genetic humans.
This particular statute allows for corporations and such to obtain several, but not all, constitutional rights as any person or persons. In particularly own property, sue and be sued under criminal and civil law, enter contests. Moreover, because corporations and such are considerate as “person”, business has the legal rights for its debts and damages. On the contrary, persons who are employed by a particular association are liable for their own misconduct and law-breaking while acting on behalf of a corporation. In addition, corporation has rights for its own actions, has rights such as: limited free speech and to advertise their product ("The Rights of Corporations," 2009). Likewise, businesses have the responsibility to elect a CEO, provide continuity; increase profits, social responsibilities, and manages recourses effectively (“Functions & Responsibilities of a Corporation").
The Principle of Separate Corporate Personality The principle of separate corporate personality has been firmly established in the common law since the decision in the case of Salomon v Salomon & Co Ltd[1], whereby a corporation has a separate legal personality, rights and obligations totally distinct from those of its shareholders. Legislation and courts nevertheless sometimes "pierce the corporate veil" so as to hold the shareholders personally liable for the liabilities of the corporation. Courts may also "lift the corporate veil", in the conflict of laws in order to determine who actually controls the corporation, and thus to ascertain the corporation's true contacts, and closest and most real connection. Throughout the course of this assignment I will begin by explaining the concept of legal personality and describe the veil of incorporation. I will give examples of when the veil of incorporation can be lifted by the courts and statuary provisions such as s.24 CA 1985 and incorporate the varying views of judges as to when the veil can be lifted.
These two lawyers are pioneers. They worked hard to overcome adversity and be successful lawyers. Leslie Abramson showed that women can overcome the stigma of only being housewives. If you put your mind to it you can surpass the borders that were set up by society. Johnnie Cochran is a role model for the black youth. The American dream is achievable if you are dedicated and stay on the right track. Black, white, man or woman the world is your oyster. You just have to work hard and one day you could be successful and Leslie Abramson and Johnnie Cochran.
According to Corporation Act 2001 s124(1), it illustrates that ‘’A company has the legal capacity and powers of an individual both in and outside the jurisdiction” . As it were, company as a legal individual must be freely with all its capital contribution shall embrace liability for its legal actions and obligations of the company’s shareholders is limited to its investment to the company. This ‘separate legal entity’ principle was established in the case of Salomon v Salomon & Co Ltd [1987] as company was held to have conducted the business as a legal person and separate from its members. It demonstrated that the debt of company is belonged to the company but not to the shareholders. Shareholders have only right to participate in managing but not in sharing the company property. Besides ,the Macaura v Northern Assurance Co Ltd [1925] demonstrates that the distinction between the shareholders and company assets. It means that even Mr Macaura owned almost all the shares in the company, he had no insurable interest in the company’s asset. The other recent case is the Lee v Lee’s Air Farming Ltd [1961] which illustrates that the distinct legal entities between employee ad director allows Mr.Lee function in dual capacities. It resulted that the corporation can contract with the controlling member of the corporation.
The concept of limited liability promotes recklessness and irresponsible risk taking. The argument for the return of unlimited liability is also an argument for separate legal personality to be taken less seriously. It is believed that, should it happen, would “eradicate the problem of corporate irresponsibility and unaccountability by identifying corporations more closely with their shareholders, encouraging a shift towards the older concept of ‘the company’ as an aggregation of
Career as a lawyer is very respectful as they serve to maintain the law and order. They are responsible for providing justice to the innocent and punishment to the offenders. Career as Lawyer on one side is challenging and risky but on the other side, it is prestigious and honorable as well.
During the course of this paper one will see addressed several issues of responsibilities that the Tyco Corporation must deal with. Some of these issues are ones that they have had to deal with quite recently. The responsibilities that one will see discussed are the legal, social and ethical issues that arise in a company that is nationally known.