LS101 Lecture Notes - Lecture 9: Legal Personality, Legal Fiction
18 Oct 2016
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Document Summary
Law is an abstract term - dif cult to de ne. Law tells us something about ourselves - how we organize tells us about our society (norms etc) Scope of legal subjectivity (scope of personhood) Scope of your rights and what they law can and cannot do to you. I de ne you so i can apply to you - expressions of laws power. This construction expresses norms and values to society . Proof, why should we go one way or another when de ning. Evolving, not xed an d is going to change. Evident that person becomes a legal ction - personhood (human)becomes untrue. No one true de nition of a legal person. Lack of clarity can be useful - wiggle room to change interpretation. Judges can exercise their authority in legal interpretation and discretion. Expand or limit idea of person depending on desired outcome. Metaphor = compares to that which is literally applicable.
