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The Legal Person

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Published on 11 Sep 2021 / In People and Blogs

Person is defined as meaning the condition or status of men.
In rem jurisdiction over a man or woman can only exist if the man or woman is a slave, i.e., property or res (an object), in which case his or her disposition at law is no different than if he or he were a horse or other goods. See THE ZONG (GREGSON V. GILBERT), 99 E.R. 3:233 (K.B. 1783). In nature, in rem jurisdiction is exercised over men and women by their Creator, exclusively. Governments can therefore gain only a fictional in rem jurisdiction over men by creating various legal devices (personas) for those men to assume limited control of (e.g., citizen, taxpayer, driver, etc.). Since the device is legal fiction, a falsehood made true by force of law, this persona is in-fact a legal object or res. Just as in theatre, the persona (“person”) is separate from the man or woman playing the part; therefore, there may be artificial persons, but not artificial men; natural persons, but not natural men. AMERICAN LAW & PROCEDURE, vol. XIII, ch. V, § 65, pp. 156-157.

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