Legal Interpretations from Ayodhya Verdict Part 4
Jay Shree Ram!
These are some notes from Ayodhya
Verdict regarding legal interpretations of certain statutory provisions:
The power of legal systems to
recognise and hence also to deny legal personality has been used over history
to wreak fundamental breaches of human rights.
Legal systems across the world
evolved from periods of darkness where legal personality was denied to natural
persons to the present day where in constitutional democracies almost all
natural persons are also legal persons in the eyes of the law. Legal systems
have also extended the concept of legal personality beyond natural persons.
This has taken place through the creation of the “artificial legal person” or
“juristic person”, where an object or thing which is not a natural person is
nonetheless recognised as a legal person in the law.
Persons are the substance of which
rights and duties are the attributes. It is only in this respect that persons
possess juridical significance, and this is the exclusive point of view from
which personality receives legal recognition. – Salmond
But we may go one step further than
this in the analysis. No being is capable of rights, unless also capable of
interests which may be affected by the acts of others. For every right involves
an underlying interest of this nature. Similarly no being is capable of duties,
unless also capable of acts by which the interests of others may be affected.
To attribute rights and duties, therefore, is to attribute interests and acts
as their necessary bases. A person, then, may be defined for the purposes of
the law, as any being to whom the law attributes a capability of interests and
therefore of rights, of acts and therefore of duties. – Salmond
Such a person has to this extent a
real existence, and it is his personality alone that is fictitious. Attribute
the quality of personality to a purely imaginary being, and yet attain the ends
for which this fictitious extension of personality is devised. Personification,
however, conduces so greatly to simplicity of thought and speech, that its aid
is invariably accepted. The thing personified may be termed the corpus of the
legal person so created; it is the body into which the law infuses the animus
of a fictitious personality. – Salmond
============================
Read more on Telegram Channel
===========================
Comments
Post a Comment