It is important because of the direct implications it has on day to day life, and misunderstood because of the different definitions that exists over certain lingo's, the most important those of Law and Politics. It is my belief that a better general understanding of this if fundamental in creating a fairer society.
Where does the word come from? ( a bit of etymology...)
" PERSON: Middle English, from Old French persone, from Latin persōna, mask, role, person,
probably from Etruscan phersu, mask "
The American Heritage® Dictionary of the English Language, Fourth Edition
It became clear to me that the question that has to be asked is a strange one; "Are you-" or (as a matter of speaking), "do you have" a person? What I mean by this is probably made more clear if you consider Article 6 of the Universal Declaration of Human Rights. It states:
"Everyone has the right to recognition everywhere as a person before the law."
Take in account it's called 'declaration of human rights'. Also; there is a clear difference between a right and a duty...
The reason? It all depends on the Language that is spoken.
There is "the Spoken Language of the People" and and then there is the "Language of Law"...
In English, the people that are aware of this informally speak of either English or Legalese...
le·gal·ese /ˌli:gəˈli:z/ noun[noncount] informal :
the language used by lawyers that is difficult for most people to understand, legal jargon
MERRIAM-WEBSTER'S LEARNERSDICTIONARY.COM
Normally, a dictionary Translate from One Language to the Other. In 'English' there are different kind of dictionaries. Let's have a look... (note: the "normal" dic. tries to include both; the "legal" def. is given marked "law". (point 6))
Person in "English"person (pûr'sən) n.
|
Person in "legalese"person n.
Counties and cities can be treated as a person in the same manner as a corporation. However, corporations, counties and cities cannot have the emotions of humans such as malice, and therefore are not liable for punitive damages. person noun: autonomous being, being, caput, chap, character, fellow, homo, human, human being, human creature, individual, living being, living soul, member of the human race, mortal, mortal body, mortalis, party, somebody, someone, soul Associated concepts: adult person, artificial person, competent person, credible person, disorderly person, fictitious person, injured person, natural person, person aggrieved, person in need of supervision, poor person, third person, unauthorized person |
In law, the term Person splits out in 2 sub-forms:
Natural Person: a real human being, as distinguished from a corporation which is often treated at law as a fictitious person.
Artificial Person: Persons created and devised by human laws for the purposes of society and government, as distinguished from natural persons. Corporations are examples of artificial persons (black's)
Artificial Person: Persons created and devised by human laws for the purposes of society and government, as distinguished from natural persons. Corporations are examples of artificial persons (black's)
( If you read anything in ' Legalise', for instance an Act, you often have in the beginning of it a set of (re)definitions. One thing that is noticeable there is the use of the words "is","shall", "means" ,"includes", "included" or "applicable" )
A Human Being is a person, and a Corporation is a person, but the Corporation is obviously not a Human Being? If the Definition of Person includes both the 'Corporation' and the 'Human Being', does that make a Human Being a Person?
A Swan is a kind of bird. Is there for every bird a kind of Swan? Swans includes black and white birds. Is every white bird a Swan?
A specific kind of Person (Natural) is a Human Being . Does that make a Human Being a kind of Person ?
According to Black's First (1891) Edition:
So, firstly its a Man Considered to... being Capable of... But Isn't it interesting that to fully make clear the concept, the Black's People fond it necessary do distinguish between a "human being" and a "thing". Why? To make clear that even when the 'man' is considered a 'person', still no "rights may be exercised" over him...
Natural person: A natural person is a human being that has the capacity for rights and duties.
Artificial person: A legal entity, not a human being, recognized as a person in law to whom certain legal rights and duties my be attached - e.g. a body corporate.
Barron's Canadian Law Dictionary, 3rd edition.
Artificial person: A legal entity, not a human being, recognized as a person in law to whom certain legal rights and duties my be attached - e.g. a body corporate.
This makes it clear in a different way; The natural-person has the "capacity" (i.e. ability) for rights and duties, but not necessarily the obligation. The artificial-person has rights and duties that may be attached (i.e. assigned) by laws.
More straight forward:
And, to put the icing on the cake, this is the most clear explanation I have found;
" This word 'person' and its scope and bearing in the law, involving, as it does, legal fictions and also apparently [IN APPEARANCE ONLY] natural beings, it is difficult to understand; but it is absolutely necessary to grasp, at whatever cost, a true and proper understanding to the word in all the phases of its proper use. A person is here not a physical or individual person, but the status or condition with which he is invested. Not an individual or physical person, but the status, condition or character borne by physical persons. The law of persons is the law of status or condition. "
American Law and Procedure. Vol. 13, page 137, 1910
Why is it so important we are aware of this?
The status of 'person' ... is by consent!
Person Per"son transitive verb To represent as a person; to personify; to impersonate. [ Obsolete] Milton. (sorce)
A transitive verb is a verb that requires both a subject and an object. 'Funny' it is described as obsolete...
It is a miserable slavery where the law is vague or uncertain
The word "Person" is what is called a "Legal Fiction"
legal fiction n. a presumption of fact assumed by a court for convenience, consistency, or to achieve justice.
Why is this important? I shows the true hierarchy of the law:
the God of Nature.
Man.
Constitutions, Bills of Rights, legal Documents.
the Juristical system.
Governments.
Public Servants.
Legal Fictions. (i.e. Persons.)
Did Johann Wolfgang von Goethe struggle with the same concepts when he declared:
It is not so long ago that this knowledge was more in the open. The following was published in 1856. Although it shows that now we have a much more equal society, the same underlying principle is still here.
PERSON. This word is applied to men, women and children, who are called natural persons. In law, man and person are not exactly synonymous terms. Any human being is a man, whether he be a member of society or not, whatever may be the rank he holds, or whatever may be his age, sex, &c. A person is a man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. n. 137.
2. It is also used to denote a corporation which is an artificial person. 1 Bl. Com. 123; 4 Bing. 669; C. 33 Eng. C. L R. 488; Woodes. Lect. 116; Bac. Us. 57; 1 Mod. 164.
3. But when the word "Persons" is spoken of in legislative acts, natural persons will be intended, unless something appear in the context to show that it applies to artificial persons. 1 Scam. R. 178.
4. Natural persons are divided into males, or men; and females or women. Men are capable of all kinds of engagements and functions, unless by reasons applying to particular individuals. Women cannot be appointed to any public office, nor perform any civil functions, except those which the law specially declares them capable of exercising. Civ. Code of Louis. art. 25.
5. They are also sometimes divided into free persons and slaves. Freemen are those who have preserved their natural liberty, that is to say, who have the right of doing what is not forbidden by the law. A slave is one who is in the power of a master to whom he belongs. Slaves are sometimes ranked not with persons but things. But sometimes they are considered as persons for example, a negro is in contemplation of law a person, so as to be capable of committing a riot in conjunction with white men. 1 Bay, 358. Vide Man.
6. Persons are also divided into citizens, (q.v.) and aliens, (q.v.) when viewed with regard to their political rights. When they are considered in relation to their civil rights, they are living or civilly dead; vide Civil Death; outlaws; and infamous persons.
7. Persons are divided into legitimates and bastards, when examined as to their rights by birth.
8. When viewed in their domestic relations, they are divided into parents and children; husbands and wives; guardians and wards; and masters and servants son, as it is understood in law, see 1 Toull. n. 168; 1 Bouv. Inst. n. 1890, note.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
2. It is also used to denote a corporation which is an artificial person. 1 Bl. Com. 123; 4 Bing. 669; C. 33 Eng. C. L R. 488; Woodes. Lect. 116; Bac. Us. 57; 1 Mod. 164.
3. But when the word "Persons" is spoken of in legislative acts, natural persons will be intended, unless something appear in the context to show that it applies to artificial persons. 1 Scam. R. 178.
4. Natural persons are divided into males, or men; and females or women. Men are capable of all kinds of engagements and functions, unless by reasons applying to particular individuals. Women cannot be appointed to any public office, nor perform any civil functions, except those which the law specially declares them capable of exercising. Civ. Code of Louis. art. 25.
5. They are also sometimes divided into free persons and slaves. Freemen are those who have preserved their natural liberty, that is to say, who have the right of doing what is not forbidden by the law. A slave is one who is in the power of a master to whom he belongs. Slaves are sometimes ranked not with persons but things. But sometimes they are considered as persons for example, a negro is in contemplation of law a person, so as to be capable of committing a riot in conjunction with white men. 1 Bay, 358. Vide Man.
6. Persons are also divided into citizens, (q.v.) and aliens, (q.v.) when viewed with regard to their political rights. When they are considered in relation to their civil rights, they are living or civilly dead; vide Civil Death; outlaws; and infamous persons.
7. Persons are divided into legitimates and bastards, when examined as to their rights by birth.
8. When viewed in their domestic relations, they are divided into parents and children; husbands and wives; guardians and wards; and masters and servants son, as it is understood in law, see 1 Toull. n. 168; 1 Bouv. Inst. n. 1890, note.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.