Moral Personality and Legal Personality

City.State: Critique of Scalar Thought

“…There are irreducible differences between bodies politic and social. The difference Maitland maintained between moral and legal personality is pertinent here (Maitland, 2003a). Similarly, Weber rightly insisted on distinguishing legal and social acts (Weber, 1978).…”

“…Following Otto von Gierke (1900Gierke ( , 1934Gierke ( , 1939Gierke ( , 1977Gierke ( , 1990, generations of legal historians such as Maitland (1898Maitland ( , 2003a, Ullmann (1968Ullmann ( , 1988, Frug (1980), Williams (1985) and Black (1984) have studied that period when sovereignty of the state eliminated all bodies politic and corporate between the state and individual as the only two remaining "sovereign bodies". This moment can be called the birth of scalar thought because all its three principles were already articulated in incipient form.…”

The Network Firm as a Single Real Entity: Beyond the Aggregate of Distinct Legal Entities

“…In other words, 'the necessity for persons to compose the corporation results from the nature of things rather than from any rule of law' (Williston, 1888:114). The firm is neither a fictitious entity nor a living organism, contrary to the natural entity view of Maitland (1905). McKelvey (1997:352) extends this argument by defining firms as quasi-natural entities that 'result from both individual human intentionality and natural causes independent of individual's intended behavior'.…”

“Al was this land fulfild of fayerye”: The thematic employment of force, willfulness, and legal conventions in Chaucer'swife of bath's tale

“…Mirroring a significant provision in English common law and in Germanic juridical procedure, 42 the "year and day" convention is associated with regal or judicial force, 43 particularly a defendant's submission to the lord of a court of justice. 44 "Year and day", likewise, constitutes a legal "court day", an occasion for a petitioner to present his case before a judicial tribunal. 45 Finally, Guinevere's peremptory manner, her exercise of royal authority, is underscored by her diction-especially "I grant thee lyf", "wol I yeve thee leve", and "suretee wol I han".…”