Kinds of Persons, Kinds of Rights, Kinds of Bodies

Tamen, Miguel

doi:10.1525/lal.1998.10.1.02a00030

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2007

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“…The "bodies politic and corporate" was a designation that indicated not only the rights that were exercised as group rights but also indicated an entity that could act in the politico-legal realm as a person, albeit a fictitious person, hence the term ficta persona. The concept has a compelling legal history including whether that legal person was "real" or "artificial" (Radin, 1932), but for our purposes let it suffice to emphasize that the difference between actual and the virtual will have resonance with the difference between artificial and natural persons (Dewey, 1926;Tamen, 1998). As I shall illustrate later, legal scholarship has shown that sovereignty of the state was articulated by following the medieval and early modern theories of corporations (Canning, 1988).…”

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confidence: 99%

City.State: Critique of Scalar Thought

Isin

2007

Citizenship Studies

119

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The scalar thought that undergirds our understanding of modern bodies politic (cities, regions, nations, states, leagues, federations) assumes exclusive, hierarchical and ahistorical relationships among and between these bodies and conceals their fluid, multiple and overlapping forms of existence. This essay offers some critical reflections on the historical origins of scalar thought and suggests that thinking about bodies politic and belonging in different ways is necessary to consider citizenship beyond the state.

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