November 8, 2017 - Personhood

What constitutes a "person"?

A person is such, not because he is human, but because rights and duties are ascribed to him. The person is the legal subject or substance of which the rights and duties are attributes. An individual human being considered as having such attributes is what lawyers call a natural person. Black's Law Dictionary

A "person" then, whether natural (mankind) or artificial (corporation) receives "personhood" when "rights and duties are ascribed" without objection.

Any man/woman to whom rights and duties are ascribed becomes is "person."

"Ascribed" as with the synonym "assigned" must infer consent, either by expressed consent or by the absence of dissent including silence. 

They stick us with rights and when we say nothing to the contrary they can presume that we consent and therefore we are their "person." Nice trick...

Acceptance is presumed when we request citizenship, various licences, voting responsibilities, etc. which evidence ascribed rights and duties which we have accepted. These can be accepted without forfeiting our natural rights when we stipulate, in writing, before signing, "Without prejudice1." 

"Under our own systems of polity, the term "citizen," implying the same or similar relations to the government and to society which appertain [relate to] to the term, "subject" in England, is familiar to all." Rundle v. Delaware & Raritan Canal Company, 55 U.S. 14 How. 80 80 (1852)

We are consider a legal "person," obligated to government statutes, codes, by-laws, etc., when we accept, with prejudice2 or without dissent, the rights and duties ascribed by it or requested of it by application—registered birth, citizenship, various licences, etc.

We do well to know what are government ascibed rights and what are God-given, and then asserting which we will accept.

Without Prejudice,
Juststeve.


1. "without Prejudice", "A statement set onto a written document such as a letter, which qualifies the signatory as exempt from the content to the extent that it may be interpreted as containing admissions or other interpretations which could later be used against him or her; or as otherwise affecting any legal rights of the principal of, or the person signing." www.duhaime.org 

2. "with prejudice", "In letters and documents, the addition of with prejudice represents an admission by the signatory or by the person who tenders the document with prejudice, that the contents are admissible against him or her, particularly if the contents run against that person's interest." www.duhaime.org 

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