University of Georgia School of Law Professor Christopher M. Bruner published “Corporate Personhood, Corporate Rights, and the Contingency of Corporate Law” in the peer-reviewed journal Transnational Legal Theory (2025). The article was initially presented as a working paper at a conference titled “Decoding the Rights of Companies in the Technocene” at Lund University in Sweden.

Below is an abstract of the article:

Corporate personhood and corporate rights are co-constitutive in nature, meaning that they are mutually constructed – there is no singular, one-way causal path between a conception of corporate personhood and a conception of corporate rights. Consequently, modes of reasoning that purport to deduce the substance and extent of corporate rights from the mere fact of corporate personhood are logically circular. Although the relationship between corporate personhood and corporate rights is real and significant, this relationship cannot, in and of itself, comprehensively specify the content of corporate rights; their substance can only be specified by reference to external normative criteria. The upshot is that corporate law inevitably remains a socially and politically contingent field. Those advancing particular conceptions of corporate personhood and corporate rights should acknowledge the contingency of corporate law and present their preferred visions by reference to external normative criteria that they are prepared to acknowledge, describe, and defend.

Bruner is the Stembler Family Distinguished Professor in Business Law at the University of Georgia School of Law and serves as a faculty co-director of the Dean Rusk International Law Center. His scholarship focuses on corporate law, corporate governance, comparative law and sustainability.