An Absurd Fiction of the Postmaster’s Corporate Sole
Posting the letter while holding a cauliflower We have no difficulty ascribing corporate status to groups of individuals. But to one individual? It was a quirk of English jurisprudence, complained the legal historian F. W. Maitland , that an individual with power vested in the crown or the state could be regarded as a corporation in law. The fiction of a king with two bodies (one natural, the other artificial) originally intended to simplify early modern matters of state, such as the personal property rights of the ruler, became a source of irritation as the Crown gradually lost power to parliament and judges. English common law could (and did) cope with the anomaly, but only by constantly creating new statutes to get around difficulties arising from this theory that a real person could also be a corpulent corporate body in a government office. Not only did this fiction of a two-bodied person-corporation play havoc with the proper conceptualisation of the state, said Maitl...