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Modernism and the Meaning of Corporate Persons (Hardcover)
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Modernism and the Meaning of Corporate Persons (Hardcover)
Series: Law and Literature
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Long before the US Supreme Court announced that corporate persons
freely "speak" with money in Citizens United v. Federal Election
Commission (2010), they elaborated the legal fiction of American
corporate personhood in Santa Clara v. Southern Pacific Railroad
(1886). Yet endowing a non-human entity with certain rights exposed
a fundamental philosophical question about the possibility of
collective intention. That question extended beyond the law and
became essential to modern American literature. This volume offers
the first multidisciplinary intellectual history of this story of
corporate personhood. The possibility that large collective
organizations might mean to act like us, like persons, animated a
diverse set of American writers, artists, and theorists of the
corporation in the first half of the twentieth century, stimulating
a revolution of thought on intention. The ambiguous status of
corporate intention provoked conflicting theories of meaning-on the
relevance (or not) of authorial intention and the interpretation of
collective signs or social forms-still debated today. As law
struggled with opposing arguments, modernist creative writers and
artists grappled with interrelated questions, albeit under
different guises and formal procedures. Combining legal analysis of
law reviews, treatises, and case law with literary interpretation
of short stories, novels, and poems, this volume analyzes legal
philosophers including Oliver Wendell Holmes, Jr., Frederic
Maitland, Harold Laski, Maurice Wormser, and creative writers such
as Theodore Dreiser, Muriel Rukeyser, Gertrude Stein, Charles
Reznikoff, F. Scott Fitzgerald, and George Schuyler.
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