The point is the legal concept is a fiction, useful perhaps in the past, but increasingly not today, and like all fictions, it can be dispelled if people agree to do so.

i mean sure if you're gonna take some epistemological position then every legal concept is a fiction, but that's not a particularly interesting nor useful angle on the discussion

or, to put it more succinctly, and quoting one of the great contemporary aphorisms: sure, and if my grandmother had wheels, she would have been a bicycle