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[[File:Golem2.jpg|right|thumb|The '''[[Golem]]''' in Jewish folklore is a monster made with no soul but can act like a [[person]] to do its master's bidding. It was created from clay, just like ancient [[contracts]] were written on clay tablets and baked to preserve the terms of an agreement. Those documents formed a [[corporation]] by [[consent]] were sworn to by [[Swear not|oaths]] to hold the parties bound or captive to the agreement ([[Pacta servanda sunt]]). The word "truth", ''Emet'' (אמת) , written across the [[Golem]]'s forehead activated the [[corpus]]. By erasing the first letter [[aleph]] (א) which represent the true relationship of ''God and man'', Emet becomes Met (מת), meaning ''death''.]] | |||
== Person == | == Person == | ||
Revision as of 11:05, 9 November 2023
Person
The word "Person" is more important today not merely for its many definitions but more because of how much it is misunderstood within modern usage.
A person may merely refer to a "living human".
As a composite the term person may be used in reference to a "composite of characteristics" of their personality either socially or legally.
In a role a person may be a "character" as in a play or other legal and social settings.
In Sociology a person may refer to an individuals "social relationships and behavior" with a culture.
In Grammar it in combination with a numerical identifier it may designate one of three verb inflections that distinguish the speaker (first person), the addressed (second person), or "spoken of" (third person).
In Law a person may, or its legal name may, refer to a "human or organization" with legal rights and legal duties.
Person and the law
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.”[1]
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.’”
An individual person is the counting of one "person" and is not the same as an individual.
“Every person is a man, but not every man a person,”[2]
“Man is a term of nature; person, of the civil law”[3]
“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]
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"s which can represent a status of an individual human, a "legal entity" such as a corporation, or even an office.[5]
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.[6]
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, positions of authority, etc.
Social status can very from culture by culture, and within legal systems. There are numerous places where this idea is mentioned in both Old and New testaments often with the same caveats and warnings.
Old respecters
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.
Related verses to Leviticus 19:15
Lev_19:35; Exo_18:21, Exo_23:2, Exo_23:2-3, Exo_23:7-8; Deu_1:17, Deu_16:19, Deu_25:13-16, Deu_27:19; 2Ch_19:6-7; Psa_82:2; Pro_18:5, Pro_24:23; Jas_2:6-9
Deuteronomy 1:17 Ye shall not respect persons in judgment; [but] ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment [is] God’s: and the cause that is too hard for you, bring [it] unto me, and I will hear it.
Related verses to Deuteronomy 1:7
the mount: Gen_15:16-21; Exo_23:31; Num_34:3-12; Jos_24:15; Amo_2:9
all the places: Heb. all his neighbours
in the plain: Deu_11:11; Jos_10:40, Jos_11:16-17
the great: Deu_11:24; Jos_1:4; 2Sa_8:3; 1Ch_5:9, 1Ch_18:3
Deuteronomy 16:19 Thou shalt not wrest judgment; thou shalt not respect persons, neither take a gift: for a gift doth blind the eyes of the wise, and pervert the words of the righteous.
Related verses to Deuteronomy 16:19
wrest: Deu_24:17, Deu_27:19; Exo_23:2, Exo_23:6-8; Lev_19:15; 1Sa_8:3, 1Sa_12:3; Job_31:21-22;
Pro_17:23; Ecc_7:7; Isa_1:17, Isa_1:23, Isa_33:15; Jer_5:28; Eze_22:12; Mic_7:3; Hab_1:4; Zep_3:3-5;
Act_16:37, Act_23:3
respect: Deu_1:16-17, Deu_10:17; Exo_23:7-8; Pro_24:23, Pro_24:28; Act_10:34
words: or, matters
2 Samuel 14:14 For we must needs die, and [are] as water spilt on the ground, which cannot be gathered up again; neither doth God respect [any] person: yet doth he devise means, that his banished be not expelled from him.
Related verses to 2 Samuel 12:14
by this deed: Neh_5:9; Psa_74:10; Isa_52:5; Eze_36:20-23; Mat_18:7; Rom_2:24
the child: Psa_89:31-33, Psa_94:12; Pro_3:11-12; Amo_3:2; 1Co_11:32; Heb_12:6; Rev_3:19
2 Chronicles 19:7 Wherefore now let the fear of the LORD be upon you; take heed and do [it]: for [there is] no iniquity with the LORD our God, nor respect of persons, nor taking of gifts.
Related verses to 2 Chronicles 19:7
let the: Gen_42:18; Exo_18:21-22, Exo_18:25-26; Neh_5:15; Isa_1:23-26
no iniquity: Gen_18:25; Deu_32:4; Rom_3:5-6, Rom_9:14
respect of persons: Deu_10:17-18; Job_34:19; Mat_22:16; Act_10:34; Rom_2:11; Gal_2:6; Eph_6:9; Col_3:25; 1Pe_1:17
taking of gifts: Exo_23:8; Deu_16:18-19; Isa_1:23, Isa_33:15; Mic_7:3
Proverbs 24:23 These [things] also [belong] to the wise. [It is] not good to have respect of persons in judgment.
Related verses to Proverbs 24:23
things: Psa_107:43; Ecc_8:1-5; Hos_14:9; Jas_3:17
It: Pro_18:5, Pro_28:21; Lev_19:15; Deu_1:17, Deu_16:19; 2Ch_19:7; Psa_82:2-4; Joh_7:24; 1Ti_5:20-21; Jas_2:4-6; 1Pe_1:17
Proverbs 28:21 To have respect of persons [is] not good: for for a piece of bread [that] man will transgress.
Related verses to Proverbs 28:21
respect: Pro_18:5, Pro_24:23; Exo_23:2, Exo_23:8
for: Erasmus observes that this expression probably originated from the circumstance of holding out a piece of bread to a dog, in order to soothe him. Eze_13:19; Hos_4:18; Mic_3:5, Mic_7:3; Rom_16:18; 2Pe_2:3
Lamentations 4:16 The anger of the LORD hath divided them; he will no more regard them: they respected not the persons of the priests, they favoured not the elders.
Related verses to Lamentations 4:16
anger: or, face
hath: Gen_49:7; Lev_26:33-39; Deu_28:25, Deu_28:64-65, Deu_32:26; Jer_15:4, Jer_24:9
he will: Psa_106:44; Heb_8:9
they respected: Lam_5:12; 2Ki_25:18-21; 2Ch_36:17; Isa_9:14-16
New Respecters
In the time of the New Testament forms of the word prosōpolēmpsia directs our attention to the precept of respecter of persons.
Acts 10:34 "God is not one to show partiality,"[7]
Related verses Acts 10:34:
opened: Act_8:35; Mat_5:2; Eph_6:19-20
Of a: Deu_10:17, Deu_16:19; 2Ch_19:7; Job_34:19; Psa_82:1-2; Mat_22:16; Luk_20:21; Rom_2:11; Gal_2:6; Eph_6:9; Col_3:11, Col_3:25; Jas_2:4, Jas_2:9; 1Pe_1:17
Romans 2:11 "For there is no respect of persons[8] with God."
Related verses to Romans 2:11:
Deu_10:17, Deu_16:19; 2Ch_19:7; Job_34:19; Pro_24:23-24; Mat_22:16; Luk_20:21; Act_10:34; Gal_2:6, Gal_6:7-8; Eph_6:9; Col_3:25; 1Pe_1:17
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[8] with him."
Related verses to Ephesians 6:9
ye: Lev_19:13, Lev_25:39-46; Deu_15:11-16, Deu_24:14-15; Neh_5:5, Neh_5:8-9; Job_24:10-12; Job_31:13-15; Isa_47:6, Isa_58:3-6; Amo_8:4-7; Mal_3:5; Col_4:1; Jas_5:4
the same: Eph_6:5-7; Mat_7:12; Luk_6:31; Jas_2:8, Jas_2:13
forbearing: or, moderating, Lev_25:43; 1Sa_15:17; Dan_3:6, Dan_3:15, Dan_5:19-20 knowing: Psa_140:12; Ecc_5:8; Mat_22:8, Mat_22:10, Mat_24:48, Mat_24:51; Luk_12:45-46; Joh_13:13; 1Co_7:22
your Master: Some read, both your and their Master. 1Co_1:2; Php_2:10-11 neither: Act_10:34; Rom_2:11; Col_3:25
Colossians 3:25 But he that doeth wrong shall receive for the wrong which he hath done: and there is no respect of persons.[8]
Related verses to Colossians 3:25
he that: 1Co_6:7-8; 1Th_4:6; Phm_1:18
receive: 2Co_5:10; Heb_2:2
and: Col_4:1; Lev_19:15; Deu_1:17, Deu_10:17; 2Sa_14:14; 2Ch_19:7; Job_34:19, Job_37:24; Luk_20:21; Act_10:34; Rom_2:11; Eph_6:9; 1Pe_1:17; Jud_1:16
James 2:1 "My brethren, have not the faith of our Lord Jesus Christ, [the Lord] of glory, with respect of persons."[8]
Related verses to James 2:1
the faith: Act_20:21, Act_24:24; Col_1:4; 1Ti_1:19; Tit_1:1; 2Pe_1:1; Rev_14:12
the Lord: Psa_24:7-10; 1Co_2:8; Tit_2:13; Heb_1:3
with: Jas_2:3, Jas_2:9, Jas_3:17; Lev_19:15; Deu_1:17, Deu_16:19; 2Ch_19:7; Pro_24:23, Pro_28:21; Mat_22:16; Rom_1:11; 1Ti_5:21; Jud_1:16
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:"
Related verses to James 2:3
ye: Jud_1:16
in a good place: or well, or, seemly
to the: Jas_2:6; Isa_65:5; Luk_7:44-46; 2Co_8:9
James 2:9 "But if ye have respect to persons,[9] ye commit sin, and are convinced of the law as transgressors."
Related verses to James 2:9
if: Jas_2:1-4; Lev_19:15
are: Joh_8:9, Joh_8:46, Joh_16:8 *marg. 1Co_14:24; Jud_1:15
transgressors: Rom_3:20, Rom_7:7-13; Gal_2:19; 1Jn_3:4
1 Peter 1:17 "And if ye call on the Father, who without respect of persons[10] judgeth according to every man's work, pass the time of your sojourning here in fear:"
Related verses to 1 Peter 1:17
call: Zep_3:9; Mat_6:9, Mat_7:7-11; 2Co_1:2; Eph_1:17, Eph_3:14
who: Deu_10:17; 2Ch_19:7; Job_34:19; Mat_22:16; Act_10:34-35; Rom_2:10-11; Gal_2:6; Eph_6:9; Col_3:25
pass: Gen_47:9; 1Ch_29:15; Psa_39:12; Heb_11:13-16
in fear: 1Pe_2:11; Pro_14:16, Pro_28:14; Rom_11:20; 2Co_5:6, 2Co_7:1, 2Co_7:11; Php_2:12; Heb_4:1; Heb_12:28
- ↑ Black’s 3rd. Ed. p. 1355.
- ↑ Omnis persona est homo, sed non vicissim.
- ↑ Homo vocabulum est; persona juris civilitis. Calvinus, Lex.
- ↑ American Law and Procedure, Vol 13 pages 137-62, 1910.(see also 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.” State v McCollister, 11 Ohio, 50; State v. Blackmore, 104 Mo. 340, 15 S.W. 960. Black’s 3rd Ed. p.947.
- ↑ 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.
- ↑ 4381 προσωπολήπτης prosopoleptes [pros-o-pol-ape’-tace] from 4383 prosopon "The face" and 2983 lambano "to take"; n m; TDNT-6:779,950; [{See TDNT 672 }] AV-respecter of persons 1; 1
- 1) an acceptor of persons
- 2) one who discriminates
- ↑ 8.0 8.1 8.2 8.3 4382 προσωποληψία prosopolepsia [pros-o-pol-ape-see’-ah] from 4381; n f; TDNT-6:779,950; [{See TDNT 672 }] AV-respect of persons 4; 4
- 1) respect of persons
- 2) partiality
- 2a) the fault of one who when called on to give judgment has respect of the outward circumstances of man and not to their intrinsic merits, and so prefers, as the more worthy, one who is rich, high born, or powerful, to another who does not have these qualities
- ↑ 4380 προσωποληπτέω prosopolepteo [pros-o-pol-ape-teh’-o] from 4381; v; TDNT-6:779,950; [{See TDNT 672 }] AV-have respect to persons 1; 1
- 1) to respect the person (i.e. the external condition of man)
- 2) to have respect of persons, discriminate
- ↑ 678 ἀπροσωπολήπτως aprosopoleptos [ap-ros-o-pol-ape’-tos] from a compound of 1 (as a negative particle) and a presumed derivative of a presumed compound of 4383 and 2983, [cf 4381]; adv; TDNT- 6:779,950; [{See TDNT 672 }] AV-without respect of persons 1; 1
- 1) without respect of persons, impartial