Soru

Passage:

During the nineteenth century, continental and Anglo-American jurists engaged in an intense theoretical debate concerning the nature of corporate personality and the ontological status of collective entities. At the center of the classical German historical school, Friedrich Carl von Savigny formulated the "fiction theory," which posited that only individual human beings possess the natural capacity for legal will and moral agency. Under Savigny's doctrine, an incorporated association possesses no genuine collective consciousness or independent real-world existence; rather, the state merely employs an intellectual fiction to treat an artificial collective as if it were a singular person solely for the adjudication of property rights and contracts. Because an artificial construct lacks a genuine moral mind, Savigny maintained that a corporation could not commit intentional torts or criminal delicts through its own volition, confining institutional liability exclusively to the unauthorized, individual acts of its human representatives.

In direct opposition to Savigny's mechanistic formalism, the legal historian Otto von Gierke advanced the "real entity theory" (*Genossenschaftstheorie*). Gierke argued that organic human associations are not artificial creatures manufactured by government fiat, but living social organisms that develop organically out of shared communal life. For Gierke, collective groups possess an inherent, collective legal will that exists prior to, and independent of, any formal sovereign recognition. Consequently, corporate responsibility is not a conceded legal fiction but an empirical reality, meaning that corporate bodies possess inherent moral and civil agency and can be held directly liable for institutional wrongdoing.

In the English common law sphere, John Austin synthesized a distinct variant often termed the "concession theory." Austin insisted that whatever internal social coherence a group might demonstrate, corporate personality remains strictly a privilege conceded by sovereign decree. In Austinian positivism, rights and duties flow exclusively from the command of the sovereign, meaning that an unchartered collective possesses zero distinct legal personality until the legislature or monarch expressly confers it by charter or statute. Austin thus rejected Gierke's organic realism as metaphysical mysticism, subordinating the existence of corporate entities entirely to positive statutory law.

Seeking a middle path that avoided both Gierke's metaphysical organism and Savigny's artificial fiction, Ernst Freund formulated the "symbolist" or "bracket theory." Freund argued that the term "corporation" is neither a living super-organism nor an imaginary entity, but merely a practical linguistic bracket—a convenient technical shorthand used to refer to a complex bundle of rights, duties, and contractual relationships held among real individual persons. For Freund, the corporate form is simply an analytical device that expedites commercial litigation and asset administration without conferring any independent metaphysical reality upon the group itself.

Based on the passage, match each legal theorist to the specific view of corporate personality explicitly attributed to that theorist.