What Is A "Person"?
In the imaginary world of legal fiction
– and all commerce is legal fiction, a “person” is always an artificial “legal
person” of one kind or another legally generated.
“A legal person is any subject matter
to which the law attributes a merely legal or fictitious personality. This extension … is one of the most noteworthy feats of the legal imagination .. (!) Legal persons, being the arbitrary
creations of the law, may be of as many kinds as the law pleases. Those … recognised by our own system,
however, all fall within a single class, namely, corporations or
bodies corporate.”
Source: Jurisprudence 7th
Edition, Sweet & Maxwell Ltd (1924), Section 113, p.336
natural person. A
human being, naturally born, versus a legally generated juridical
person.
Black's
Law Dictionary, 2nd
Edition
artificial person. A
nonhuman entity that is created by law and is legally different
owning its own rights and duties.
Black's
Law Dictionary, 2nd
Edition
juridical person. Entity,
as a firm, that is not a single natural
person, as a human
being, authorized by law with duties and rights, recognised as a
legal authority having a distinct identity, a legal
personality. Also known
as artificial person,
juridical entity, juristic person, or legal person. Also refer to
body corporate.
Black's
Law Dictionary, 2nd
Edition
natural
person. A
human being, as distinguished from an artificial person created by
law.
Blacks
Law Dictionary, 7th
Edition
On the Birth Certificate, the legal person NAME is a deceased Estate Trust, which is why the definition for the term “person” in the United States.Inc Social Security Act 1935, includes “trust or estate”. Social Security Act 1935 DEFINITIONS SECTION 1101. “(a) When used in this Act- (3) The term person means an individual, a trust or estate, a partnership, or a corporation.” https://www.ssa.gov/history/35act.html
The existence of two entities, the “legal person” and the “natural person” (the currently accepted legal terms for the artificial legal entity and the natural living entity) is plainly acknowledged in the New Zealand Bill of Rights Act 1990, section 29, Application to Legal Persons. “Except where the provisions of this Bill of Rights otherwise provide, the provisions of this Bill of Rights apply, so far as practicable, for the benefit of all legal persons as well as for the benefit of all natural persons.” http://www.legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html
Specific types of “persons” are evidenced by writing styles. In proper grammar, a living man or woman would be written as 'John Henry: of the family Doe', or in similar words, including proper nouns beginning with a capital letter, and a colon indicating the facts and introducing their relationship. But fictional “persons” are not styled in this grammatically correct manner.
Blacks Law Dictionary – Revised 4th Edition 1968, provides the following definitions of written styles:
Capitis Diminutio (meaning the diminishing of status through the use of capitalization) In Roman law. A diminishing or abridgment of personality; a loss or curtailment of a man's status or aggregate of legal attributes and qualifications.
Capitis Diminutio Minima (meaning a minimum loss of status through the use of capitalization, e.g. John Doe) - The lowest or least comprehensive degree of loss of status. This occurred where a man's family relations alone were changed. It happened upon the arrogation [pride] of a person who had been his own master, (sui juris,) [of his own right, not under any legal disability] or upon the emancipation of one who had been under the patria potestas. [Parental authority] It left the rights of liberty and citizenship unaltered. See Inst. 1, 16, pr.; 1, 2, 3; Dig. 4, 5, 11; Mackeld. Rom.Law, 144.
Capitis Diminutio Media (meaning a medium loss of status through the use of capitalization, e.g. John DOE) - A lessor or medium loss of status. This occurred where a man loses his rights of citizenship, but without losing his liberty. It carried away also the family rights.
Capitis Diminutio Maxima (meaning a maximum loss of status through the use of capitalization, e.g. JOHN DOE or DOE JOHN) - The highest or most comprehensive loss of status. This occurred when a man's condition was changed from one of freedom to one of bondage, when he became a slave. It swept away with it all rights of citizenship and all family rights.
Note the types of “persons” evidenced by the following styles:
John Henry Doe = Foreign
Situs Trust
JOHN HENRY DOE = Cestui
Que Vie ESTATE Trust
JOHN H. DOE = Public
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