Straw man 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.
A Hypothetical Question – Are you the beneficiary?
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