‘Legal Fiction’ v ‘Reality’

Parliamentary legislation cannot impose a duty on anyone without their consent.

It is nevertheless, worth examining the real meaning behind the definition of ‘person’, to which legislation refers.

In order to include you in the ‘Contract Law of Statute’, the government creates a legal ‘person’ with the same name as you; but adding a title like;

‘Mr’, ‘Mrs’ or ‘Dr’. (as most here will know; this is usually done by registering the birth with the authorities in return for a birth certificate).

For the purposes of determination under English law, this ‘person’ has ostensibly the same status as a ‘Corporation’.

Since a ‘Corporation’ (a limited company) is usually some form of document or register; incorporating individual ‘men & women’ into a society.

You as a ‘person’ also become a piece of paper; with only ‘notional rights’; according to ‘Admiralty; Maritime, Commercial & Contract Law’; as juxtaposed to… ‘Primary English Natural Common Law’… GOD’s Law of Right & Wrong… “Cause no Harm and/or Loss; to another man or woman and /or their property and/or their rights…” (remember; ‘injury’ is a ’legal’ term).

‘Black’s Law’… has changed its definition of ‘person’ in its dictionaries over the years, which has only served to confuse the issue (although a lack of clarity to a reasonable man in written law; means that it cannot have the force of the Law).

‘Black’s 3rd Edition’… defined ‘person’ as ‘legal fiction’. The latest edition offers the following definitions:

1. ‘human being’; also termed ‘natural person’

2. ‘an entity (such as a corporation) that is recognised by law, as having most of the ‘rights & duties’ of a human being. In this sense the term includes partnerships & other associations, whether incorporated or unincorporated’.

3. ‘artificial person’, ‘fictitious person’ defined as ‘an entity’, such as a ‘Corporation’, created by law and given certain ‘legal rights & duties’ of a ‘human being’: a being real or imaginary, who for the purposes of ‘legal’ reasoning is treated more or less as a human being.

4. ‘persona ficta’ [Latin ~ ‘false mask’] historical. A ‘fictional person’ such as a ‘Corporation’
Black’s Law, 9th edition.

Despite the best efforts of the shysters who draft ‘Black’s Law Dictionary’ to confuse the issue.

It is still clear, that there is a difference between; a real ‘man’ created by ‘God’ ~ (whether you choose to call that man; a ‘human being’ or a ‘natural person’) ~ and the ‘person’; a ‘title’ created by a state; with the intention that a ‘man’ be judged under the same legislation, as a ‘Corporation’ ~ which ‘Black’s Law’ clearly defines as a ‘fictitious and/or ‘artificial person’; in other words a ‘legal fiction’.

In addition to which; the reason a ‘Corporation’ cannot have all the ‘rights & duties’ of a ‘human being’ or ‘man’ ~ as conceded by ‘Black’s Law’ in the definitions above.

Is that, unlike a real ‘man’ and/or ‘woman’.

A ‘Corporation’ cannot reject ‘legislation’ in favour of its Primary Natural ‘Common Law rights’… whereas; a man and/or woman can.

From historical context cited above, it is also quite clear, that the ‘person’ is a role or ‘fiction’ – a ‘mask’ ~ we adopt by consent, to be judged under ‘English Statute’ & ‘Contract Law’.

The ‘person’ is no more you; than any ‘mask’ you adopt to play a role.

Once you no longer consent, to play that role, you cast off the ‘mask’ and/or ‘person’ in a way that you cannot cast off your status as a real ‘man or woman’..!