Jurisprudence - Concept of Person - Note
Introduction
Chapter 10 delves into the concept of person in jurisprudence. It explores the various aspects and considerations regarding the nature of personality and the legal status of different entities. This chapter also examines the different kinds of legal persons, the uses and purposes of incorporation, and the theories of legal personality.
Nature of Personality - Natural and Legal
In this section, we discuss the nature of personality and distinguish between natural and legal personalities. We explore the inherent characteristics and attributes that define an individual as a person and the legal recognition and protection bestowed upon them. The concept of personhood is examined from both a philosophical and legal standpoint.
Legal Status of Lower Animals, Dead Persons, Unborn Persons
This section focuses on the legal status of entities such as lower animals, dead persons, and unborn persons. We explore the extent to which these entities are recognized as legal persons and the implications it has on their rights and obligations. Various legal systems and their treatment of these entities are examined to provide a comprehensive understanding of their legal status.
Kinds of Legal Persons
In this section, we discuss the different kinds of legal persons recognized in jurisprudence. We examine the distinctions between natural persons and legal entities, such as corporations, government bodies, and other artificial entities. The characteristics, rights, and liabilities associated with each kind of legal person are analyzed to provide a comprehensive overview.
Uses and Purposes of Incorporation
This section explores the uses and purposes of incorporation in the context of legal persons. We discuss the process of incorporation and its significance in creating legal entities. The advantages and benefits of incorporating, such as limited liability, perpetual succession, and separate legal personality, are examined. Additionally, we analyze the various considerations involved in choosing the appropriate form of incorporation for different purposes.
Theories of Legal Personality
In this section, we delve into the theories and philosophies underlying the concept of legal personality. We explore different schools of thought, such as the fictional theory, the realist theory, and the institutional theory. Each theory's perspectives on the nature, basis, and implications of legal personality are examined, providing readers with a comprehensive understanding of the subject.
Conclusion
The conclusion section summarizes the key points discussed in the chapter. It highlights the importance of understanding the concept of person in jurisprudence and the legal implications it carries. It also provides a brief overview of the different aspects covered throughout the chapter, reinforcing the significance of studying the concept of person in the context of law.
References
1. Dr. S.P. Sathe
Jurisprudence: Legal Philosophy in a Nutshell
2. Dr. R.N. Sharma
Jurisprudence and Legal Theory
3. Dr. U.C. Agarwal
Jurisprudence: Legal Theory and Philosophy
4. Dr. V.S. Mani
Jurisprudence: Legal Theory and Principles
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