The Jamesonian Impersonal; or, Person as Allegory

This article locates Fredric Jameson’s Allegory and Ideology (2019) in the context of the broader trajectory of his career-long critique of the bourgeois centred subject. It argues that, for Jameson, the project of critique requires systematic depersonalisation at the level of thought. Contrary to negative liberal humanist interpretations of depersonalisation, Jameson stresses its hidden, revolutionary potential. Where his earlier work eschewed metanarratives of modernity premised upon shifts in subjectivity, preferring conjunctural or situational analyses, his more recent work – Antinomies of Realism (2013) and Allegory and Ideology in particular – develops a materialist version of just such metanarratives. The article concludes with a detailed application of Jameson’s allegorical method to the figure of the ‘person’ under capitalism, which can be sub-divided into the four levels of: individual, citizen/juridical person, infrastructural personifications, and the realm of social reproduction.

Criterion of control and the right of standing of a juridical person in ICSID arbitration

International Centre for Settlement of Investment Disputes (Centre or ICSID) was established for resolving disputes between foreign investors and host States. This is why jurisdiction ratione personae of the Centre depends crucially on who can be considered as a foreign investor, i.e. which persons have right of standing to initiate arbitration based on the Washington Convention on the Settlement of Investment Disputes between States and Nationals of other States (the Convention). When a claimant is a juridical person, one of the issues causing a debate in arbitral practice concerns the significance of control over that entity - to what extant is jurisdiction of an ICSID tribunal affected by the fact that the entity is under direct or indirect control of the host State's nationals. The paper examines the problem with regards two groups of cases that the Convention regulates separately. The first group concerns cases in which the role of a claimant belongs to juridical persons nominally holding the nationality of other Contracting States of the Convention. The other category relates to the cases of claims submitted by local entities controlled by foreign investors against their own State.

Separate Legal Entity Under Syariah Law and its Application on Islamic Banking in Malaysia: A Note

The principle of separate legal entity – that is, after the incorporation of a company, it is regarded as an artificial person or juridical person who has the rights and responsibilities similar to a living person - has been widely accepted and applied in the world of business, trade and industry. In Malaysia, an Islamic banking institution is incorporated under the Companies Act 1965 where after its incorporation, it becomes a legal entity separated from its members and shareholders. In the case of Bank Islam Malaysia Berhad v. Adnan bin Omar (1994), the court held that Bank Islam Malaysia Berhad is a corporate institution created by statute. This case has been decided based on civil law system, not under the Islamic legal system. Since the products offered by an Islamic banking institution is solely in harmony with Islamic principles, one fundamental legal question yet to be resolved is whether the principle of separate legal entity is recognised under the Syariah law. This paper aims to discuss the issue of separate legal entity in Islam and its application to the Islamic banking institutions.

A PESSOA JURÍDICA COMO SUJEITO DE DIREITOS HUMANOS

RESUMOO presente texto pretende estabelecer que a pessoa jurídica, em suas distintas expressões, pode e deve ser considerada como sujeito de direitos humanos. Analisando distintas posições relacionais busca demonstrar o distinto status jurídico que, tanto em perspectiva substancial quanto processual, pode ter reconhecidos pelas instancias administrativa e jurisdicional como titulares de certos direitos e como destinatárias da proteção jurídica inerente aos direitos humanos.PALAVRAS-CHAVE: Sujeito de Direito; Pessoa; Pessoa Jurídica; Direitos Humanos; Capitalismo Humanista; Direito Quântico.ABSTRACT The present text intends to establish that the juridical person, in its different expressions, can and should be considered as subject of human rights. Analyzing different relational positions, it seeks to demonstrate the distinct legal status that, bothin a substantive and procedural perspective, can be recognized by the administrative and jurisdictional instances as holders of certain rights and as recipient of the legal protection inherent in human rights. KEYWORDS: Subject of law; person; legal person; Human Rights; Humanist Capitalism; Quantum Law.

THE IMPORTANCE OF THE PROPERTY MANAGEMENT COMPANIES AS CONDOMINIUM JURIDICAL PERSONS

This study examined Bangkok's condominium management system with a particular focus on the role of property management companies as members of juridical persons. The number of condominiums in Bangkok has been proliferating rapidly, particularly in areas near the mass rapid transit system. The Thailand Condominium Act requires that a condominium juridical person be registered upon transfer of ownership of the first condominium unit. This study's analysis of data collected from interviews with 16 condominium juridical persons found that there are three types: 1) property management companies; 2) juridical person employees; and 3) a combination of 1) and 2). All but one condominium-which used the mixed management type-had hired property management companies to oversee management and maintenance. Reasons cited for this overwhelming preference included insufficient management and maintenance knowledge among juridical employees, and limited beneficial connections with outsourcers and suppliers among juridical person employees. The interview results demonstrate that the responsibilities of property management companies extend beyond their job description and include caring for residents, seeking solutions for condominium problems, and creative thinking for innovative proposals for alternative management practices.

Juridical Persons and Subjects of Public Law: in Legal Balance Search

The joint position of civil and administrative law specialists concerning an opportunity and need to obtain by public law subjects of the juridical person status is presented in this article. Public entity is a civil law subject, but it is presented by its public bodies. Considering features of public authorities as juridical person, authors draw the conclusion about a secondary role of a civil status. The article suggests new classification of administrative law subjects for public and private subjects depending on their role in public administration. The category of the juridical person of public law could be useful to settle the problem of the state “double face” in private relations. At the same time the authors call attention to various and ambiguous prospects of the Russian legislation development in this concept should be employed. The authors have formulated the principle of correct adoption according to which traditional civil concepts have to be accepted by public law in their initial understanding, without distortions, and vice versa.