Persons: Difference between revisions
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== Person == | |||
“This word ‘person’ and its scope and bearing in the law, involving, as it does, legal fictions and also apparently natural beings, it is difficult to understand; but it is absolutely necessary to grasp, at whatever cost, a true and proper understanding of the word in all the phases of its proper use… The words persona and personae did not have the meaning in the Roman which attaches to ''homo'', the individual, or a man in the English; it had peculiar references to artificial beings, and the condition or status of individuals… 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.” | |||
“A moment’s reflection enables one to see that man and person cannot be synonymous, for there cannot be an artificial man, though there are artificial persons. Thus the conclusion is easily reached that the law itself often creates an entity or a being which is called a person; the law cannot create an artificial man, but it can and frequently does invest him with artificial attributes; this is his personality… that is to say, the man-person; and abstract persons, which are fiction and which have no existence except in law; that is to say, those which are purely legal conceptions or creations.” <Ref name="ALandP">American Law and Procedure, Vol 13 pages 137-62, 1910.(see also [[Person of Christ]])</Ref> | |||
=== Persons in combination === | |||
The word “person” is sometimes used in combination with other terms because it has so many alternate meanings and because it is not only gender neutral it can be an aspect of so many different things. | |||
You can have a chairperson or a spokesperson or a personality or a persona like an actor playing a part. | |||
In person may simply suggest the physical presence of an individual. | |||
=== Legal person === | |||
In law there are "legal person" can represent a ''status of an individual'' human or a "legal entity" such as a [[corporation]] or even an [[office]]. | |||
A legal person can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for the term "legal person" is that some legal persons are not people: companies and corporations are "persons" legally speaking (they can legally do most of the things an ordinary person can do), but they are not people in a literal sense (human beings). | |||
There are therefore two kinds of legal entities: human and non-human. In law, a human person is called a natural person, and a non-human person is called a juridic, juristic, artificial person (persona ficta). This could include corporations, firms, and many government agencies or even governments themselves. They are treated in law as if they were persons. | |||
=== Legal personality === | |||
While, natural persons(universitas personarum) may acquire legal personality "naturally", simply by being born such juridical persons must have legal personality conferred on them by some "unnatural", legal process, and it is for this reason that they are sometimes called "artificial" persons. | |||
Legal personality is usually acquired by registration.<Ref>[https://www.un.org/ruleoflaw/sdg-16/ The United Nations Sustainable Development Goal 16] advocates for the provision of legal identity for all, with “the implementation of worldwide birth registration” by 2030 as part of the 2030 Agenda.</Ref> | |||
As legal personality is a prerequisite to legal capacity and has a legal name with certain rights, protections, privileges, responsibilities, and liabilities in law. | |||
== Respecter of persons == | == Respecter of persons == | ||
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<Ref name="archy">{{Archy}}</Ref> | |||
== Person and the law == | |||
= Person and the law == | |||
Revision as of 09:58, 6 November 2023
Person
“This word ‘person’ and its scope and bearing in the law, involving, as it does, legal fictions and also apparently natural beings, it is difficult to understand; but it is absolutely necessary to grasp, at whatever cost, a true and proper understanding of the word in all the phases of its proper use… The words persona and personae did not have the meaning in the Roman which attaches to homo, the individual, or a man in the English; it had peculiar references to artificial beings, and the condition or status of individuals… 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.”
“A moment’s reflection enables one to see that man and person cannot be synonymous, for there cannot be an artificial man, though there are artificial persons. Thus the conclusion is easily reached that the law itself often creates an entity or a being which is called a person; the law cannot create an artificial man, but it can and frequently does invest him with artificial attributes; this is his personality… that is to say, the man-person; and abstract persons, which are fiction and which have no existence except in law; that is to say, those which are purely legal conceptions or creations.” [1]
Persons in combination
The word “person” is sometimes used in combination with other terms because it has so many alternate meanings and because it is not only gender neutral it can be an aspect of so many different things.
You can have a chairperson or a spokesperson or a personality or a persona like an actor playing a part.
In person may simply suggest the physical presence of an individual.
Legal person
In law there are "legal person" can represent a status of an individual human or a "legal entity" such as a corporation or even an office.
A legal person can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for the term "legal person" is that some legal persons are not people: companies and corporations are "persons" legally speaking (they can legally do most of the things an ordinary person can do), but they are not people in a literal sense (human beings).
There are therefore two kinds of legal entities: human and non-human. In law, a human person is called a natural person, and a non-human person is called a juridic, juristic, artificial person (persona ficta). This could include corporations, firms, and many government agencies or even governments themselves. They are treated in law as if they were persons.
Legal personality
While, natural persons(universitas personarum) may acquire legal personality "naturally", simply by being born such juridical persons must have legal personality conferred on them by some "unnatural", legal process, and it is for this reason that they are sometimes called "artificial" persons.
Legal personality is usually acquired by registration.[2]
As legal personality is a prerequisite to legal capacity and has a legal name with certain rights, protections, privileges, responsibilities, and liabilities in law.
Respecter of persons
A 'respecter of persons' is one whose behavior toward people is influenced by their social status, prestige, etc.
Social status can very culture by culture, and within. Vv.
Leviticus 19:15 Ye shall do no unrighteousness in judgment: thou shalt not respect the person of the poor, nor honour the person of the mighty: but in righteousness shalt thou judge thy neighbour.
Person and the law
“This word ‘person’ and its scope and bearing in the law, involving, as it does, legal fictions and also apparently natural beings, it is difficult to understand; but it is absolutely necessary to grasp, at whatever cost, a true and proper understanding of the word in all the phases of its proper use… The words persona and personae did not have the meaning in the Roman which attaches to homo, the individual, or a man in the English; it had peculiar references to artificial beings, and the condition or status of individuals… 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.”
“A moment’s reflection enables one to see that man and person cannot be synonymous, for there cannot be an artificial man, though there are artificial persons. Thus the conclusion is easily reached that the law itself often creates an entity or a being which is called a person; the law cannot create an artificial man, but it can and frequently does invest him with artificial attributes; this is his personality… that is to say, the man-person; and abstract persons, which are fiction and which have no existence except in law; that is to say, those which are purely legal conceptions or creations.” [4](Person of Christ)
An “incumbent” is defined as, “A person who is in present possession of an office; one who is legally authorized to discharge the duties of an office.”[5]
The words “person” and “individual” are not synonymous. “Person” being defined as, “a man considered according to the rank he holds in society, with all the right to which the place he holds entitles him, and the duties which it imposes.”[6] The word “individual” in the book “Language,” found in the Volume Library, is treated as a word “frequently misused” and clarifies its meaning with the statement, “The word (individual) should not be used in the mere sense of person. The word is correctly used in ‘Changes both in individuals and communities.’”
“Every person is a man, but not every man a person,”[7]
“Man is a term of nature; person, of the civil law”[8]
Biblically
Acts 10:34 God is not one to show partiality, prosōpolēmptēs
Romans 2:11 For there is no respect of persons with God. prosōpolēmpsia
Ephesians 6:9 And, ye masters, do the same things unto them, forbearing threatening: knowing that your Master also is in heaven; neither is there respect of persons with him.
Colossians 3:25 But he that doeth wrong shall receive for the wrong which he hath done: and there is no respect of persons.
James 2:3 And ye have respect to him that weareth the gay clothing, and say unto him, Sit thou here in a good place; and say to the poor, Stand thou there, or sit here under my footstool:
James 2:9 But if ye have respect to persons, ye commit sin, and are convinced of the law as transgressors.
1 Peter 1:17 And if ye call on the Father, who without respect of persons judgeth according to every man's work, pass the time of your sojourning here in fear:
- ↑ American Law and Procedure, Vol 13 pages 137-62, 1910.(see also Person of Christ)
- ↑ The United Nations Sustainable Development Goal 16 advocates for the provision of legal identity for all, with “the implementation of worldwide birth registration” by 2030 as part of the 2030 Agenda.
- ↑ "Freedom is the Right to Choose, the Right to create for oneself the alternatives of Choice. Without the possibility of Choice, and the exercise of Choice, a man is not a man but a member, an instrument, a thing.” Archibald MacLeish
- ↑ American Law and Procedure, Vol 13 pages 137-62 1910.
- ↑ State v McCollister, 11 Ohio, 50; State v. Blackmore, 104 Mo. 340, 15 S.W. 960. Black’s 3rd Ed. p.947.
- ↑ Black’s 3rd. Ed. p. 1355.
- ↑ Omnis persona est homo, sed non vicissim.
- ↑ Homo vocabulum est; persona juris civilitis. Calvinus, Lex.