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Common
Law Copyright-Name Articles
Meet
Your Straw Man by Moses G. Washington 10/27/03
source www.freedomclubusa.com cont'd
Strawman
Definitions: Civil Law, Fiction of
Law
"Civil
law . a rule of civil conduct prescribed by the supreme power
of a state . the civil or municipal law of the Roman empire."
[Ballentine's Law Dictionary, 3rd Edition]
So kings, emperors or legislative bodies acting in sovereign capacity
are the "creators" of civil law. When our government acts
as a sovereign, it is acting outside it's constitutional authority.
So we
see that a man and a person are very different terms identifying very
different things. If you study Roman civil law, you will see that
it originates and uses fictions of law - that is, concepts that are
contrary to the natural order of things, and based upon presumptions
that are untrue. You will realize that this person recognized in the
civil law is a fictional entity. You will come to see the vast difference
between man and person. So the straw man is a person, a public name
that is recognized in a civil society.
We've mentioned "legal fiction" and "fiction of law",
so let's see how these are defined.
"Fiction
of law. An assumption or supposition of law that something which
is or may be false is true, or that a state of facts exists which has
never really taken place. An assumption, for purposes of justice, of
a fact that does not or may not exist. A rule of law which assumes as
true, and will not allow to be disproved, something which is false,
but not impossible." [Black's Law Dictionary 5th Edition]
This distinction between a man and a person is a difficult concept to
grasp. But a proper understanding of the relationship between the government,
the man and the straw man is essential to gaining increased freedom.
While the concept of these relationships is very simple, there are some
foundational principles that must be explored.
We have mentioned that the straw man is an artificial entity or person.
But there are several types of organizations or artificial entities.
There are corporation soles, aggregate corporations, municipal corporations,
revocable living trusts (sole), and unincorporated business organizations.
Many people use these entities for various reasons including maintaining
personal control over their assets; protection from lawsuits and judgments;
avoidance of probate; avoidance of estate taxes; reduction in tax liability;
and many other reasons. We will look into the difference between a sole
entity and an aggregate entity; the construction of these entities and
the results of that construction as it apply to the straw man.
Cont'd Sole Corporation
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