Legal Personality Theory

Both lawyers and magicians are similar in the aspect that they can turn words into power. In law, we don’t have the spell “Avada Kedavra,” but a Judge saying “I here by sentence you to death” has the same practical effect. Similarly, another set of words that has certainly turned into a magical spell for many corporations and associations is to have a “legal personality”. It is only when they cast this spell they are able to exercise an identity of their own. They can sue, represent in trials etc.

But, what does it mean to have a legal personality? Certainly attributing anthropomorphic qualities to an entity does not qualify it to be a legal person as is evident from the fact that a corporation cannot marry, procreate etc. but it still comes

One such theory deals with assigning a fictional legal personality to an entity. Another theory that flows from this theory is the concession theory that assigns all the responsibility over a state to recognize an entity as a legal personality. According to this, it is by grace or concession of the state alone that the legal personality is granted, created or recognized. When we look at the wizard world, the State corresponds to the Ministry of Magical Affairs. The laws laid down by the Ministry are governed and implemented by different

Gierke refutes the fiction theory and propagates the real group personality theory. This theory assumes that the subjects of rights need not belong merely to human beings but to every being which possesses a will and life of its own. According to this theory, a group exists as an objectively real entity and the law merely recognizes and gives effect to its existence. Now, hippogriffs do possess a life of its own, however, their will may be marked by multiplicity. They are individualistic beings that lack fellowship. Each hippogriff has its own will. Now, hippogriffs are incapable of willingness to sacrifice natural interests for the sake of common good or for any other sake. In fact, attributes like a capacity for suffering, a desire to avoid it, and an interest in doing so can be appointed by the caretaker as well. Thus, the legal personality of hippogriffs in the wizard world is questionable. It may have certain rights and duties but it does not necessarily come under the radar of a juristic