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Excerpt from The Revised Reports, Vol. 50: Being a Republication of Such Cases in the English Courts of Common Law and Equity; From the Year 1785, as Are Still of Practical Utility; 1838-1840
In Society of Practical Knowledge v. Abbott, p. 288, Lord Langdale went as near as an English Judge could be expected to go to having a theory on the nature of a corporation. He was quite clear that a corporation must be treated as having some kind of existence distinct from that of its individual members, any or all of them. But he forbore, perhaps wisely, to consider of what kind corporate existence is; whether, for example, it is correct to ascribe it, according to the theory held until lately by most authors in the civil law, to a legal fiction authorized by the State. Now an increasing school maintains that a corporation is quite as real as an individual see Gierke, trans]. With introduction by Prof. Maitland, Political Theories of the Middle Age, Cambridge, while one or two daring controversialists protest on the contrary that a corporation is nothing at all, not even a fiction.
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