Tags

, , , ,

person

The definition of “Person” which is either a corporation or an unincorporated body. Whereas we must somehow, by an extravagant work of brilliance, be one or the other. To unravel the mystery furthermore, a deeper understanding of what these things are is of moral imperative.

In blacks law dictionaries a corporation is defined as:

corporation legal definitionartificial person definition blacks law

legal entity definition blacks law

Considering the definitions above, we can assert that a corporation is a legal entity created by law and it is given certain legal rights and duties by whomever governed it’s creation. This is a key element to note, the corporation is given or assigned rights and duties. It is an artificial person which can sue or be sued, pay taxes and conduct legal affairs. The corporation or artificial person (as I prefer) has natural persons (human beings) who act as agents for the corporation in order to carry out legal functions before and on behalf of it.

A simple example of this would be a manager of Tesco (The human being) ordering stock on behalf of the artificial person (Tesco the corporation). A legal fiction cannot act without agents or human beings to make use of it.

Although it may be not so self evident. In law, there are in fact many upon many different varieties of corporations. Not just the single body of persons such as a company with whom we’re so familiar. In blacks law dictionaries their lists a great number of variations.

corporation-variants

Scrolling through the list of different types of corporations. We’re finally met with a,

sole corporation blacks law definition

The best example of a sole corporation is the definition of a corporation sole. They seem vaguely familiar, the only empirical difference that I can notice is that a corporation sole exists indefinitely, a sole corporation can also, but generally it may not.

corporation sole blacks law definition

This is how the “Crown” in England has persisted for so many years. The Crown is just a corporate sole (A corporation) which changes it’s only member whenever a new monarch comes to power. That member is currently Queen Elizabeth II. In a few years it will be some other. The physical monarch changes, the “Crown” corporation stays the same. However it does attribute new powers, obligations and duties with every successor.

So it is recognized in law that their are corporations with only one member or for one human being.

In the International Covenant on Civil and Political Rights, Article 16, we can observe the sentence;

recognition_as_a_person

This article of law is very interesting. Note how it makes use of the word “everyone” and then “person”. Why would it not say, every person shall have the right to recognition everywhere as a person? Because there is a distinction being made between “everyone” and “person”. Everyone, in this instance, is excluding a person.

This article is implying that everybody (All human beings) have the right to be recognized as a person, a person being something other than a human being.

human being, juridical personality difference

The above image was taken from a document labeled “Annotations on the text of the draft International Covenants on Human Rights prepared in 1955 by the secretary-general for the general assembly in the UN.

As you can see, it brings verification to the assumption that Article 16 in the ICCPR has made a distinction between a human being and a person which is said to be a juridical person.

The definition of juridical person as read in blacks law’s dictionaries points to the definition of an artificial person. A juridical person and an artificial person are synonymous terms along with a corporation.

Article 16 could therefore be read as “Every human being has the right to be recognized everywhere as a juridical person”.

In the definition of an artificial person, it notes that it is created by law. This creation of our juridical personalities generally occurs during the registration of the birth. The issuance of a birth certificate being recognized as a juridical person. This statement is hard to evidence in law but if you use common sense you will realize now why so many institutions rely on identification issued which originally used the birth certificate for it’s creation.

Going back to the first chapter of this series, the definition of “person” within the interpretation act is, if you remember, “A body of persons corporate or unincorporate”.

As the British legal systems use of the word person, by it’s definition, only applies to a corporation. A corporation being nothing more than a juridical person or an artificial person created in law. And there are corporations which can have only one human being as a member.

We can claim with certain precision that every British law only applies to persons (Corporations) and as article 16 gives us the right to be recognized as a person (A corporation) it is through our recognition as a person that laws are enforced against us.

Additionally, article 16 is ensuring the recognition of our juridical personality. It is placing an obligation on governments to make sure they recognize our legal personality. They can’t turn around and say “We don’t formally recognize you, sorry.” They are bound by international law to recognize our juridical person.

The only worth while questions are: can we be subjected to forced recognition as a person? Can we be held against our own will in association with something which is blatantly being abused for purposes of control? Do courts, government institutions, councils, other legal fictions, recognize anything other than a juridical person?

 

 

 

 

Resources:

What is PERSON? definition of PERSON (Black’s Law Dictionary)

Studylaw.info

Basic Documents – American Declaration

What Is Organizational Objective Of Tesco Based On Human

Advertisements