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Edward Jenks

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A statute of 1344 shows some weakness; but the statute of 1391 is memorable, not merely as being the Mortmain Code of three centuries, but as extending the rule of mortmain to all bodies, religious and secular alike, having perpetual succession. For this extension marks the definite recognition by English Law of the corporation, or, as it is sometimes called, the 'fictitious person' - the legal personality which is not restricted to the limits of individual life. The gradual evolution of this institution is one of the most fascinating chapters in legal history...
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Chapter VIII, Methods Of Alienation, p. 106

 
Edward Jenks

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The fate of the Statute of Uses is one of the most curious in legal history. Its secret and unavowed purpose, of securing the estates of the monasteries for the Crown, it accomplished. Its ostensible purpose, fortified by a wealth of hypocritical justification, it entirely failed to achieve. Not only were devises of lands, after a brief interval, put on a legal footing; but, as is well known, uses of lands as distinguished from legal estates, soon re-appeared in full vigour. Whilst in unforeseen directions, that statute worked havoc in the medieval system of conveyancing; and gradually modernized it out of existence.

 
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I should concur in this result more readily if the Court could reach it by analysis of the statute instead of by psychoanalysis of Congress. When we decide from legislative history, including statements of witnesses at hearings, what Congress probably had in mind, we must put ourselves in the place of a majority of Congressmen and act according to the impression we think this history should have made on them. Never having been a Congressman, I am handicapped in that weird endeavor. That process seems to me not interpretation of a statute but creation of a statute.

 
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They had made the mistake of thinking of a personality as some sort of possession, like a suit of clothes, which a person wears. But apart from a personality what is there? Some bones and flesh. A collection of legal statistics, perhaps, but surely no person. The bones and flesh and legal statistics are the garments worn by the personality, not the other way around.

 
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In fact, the legal system is in part responsible for their very size and growth. And too often when the individual finds himself in conflict with these forces, the legal system sides with the giant institution, not the small businessman or private citizen.

 
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The corporation is not a person; it is a legal fiction backed up by guns and police and jail cells and taxing authorities and the regulators called government.

 
Jerry Brown
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