Persons

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Person

“This word ‘person’ and its scope and bearing in the law, involving, as it does, legal fictions and also apparently natural beings, it is difficult to understand; but it is absolutely necessary to grasp, at whatever cost, a true and proper understanding of the word in all the phases of its proper use… The words persona and personae did not have the meaning in the Roman which attaches to homo, the individual, or a man in the English; it had peculiar references to artificial beings, and the condition or status of individuals… A person is here not a physical or individual person, but the status or condition with which he is invested… not an individual or physical person, but the status, condition or character borne by physical persons… The law of persons is the law of status or condition.”

“A moment’s reflection enables one to see that man and person cannot be synonymous, for there cannot be an artificial man, though there are artificial persons. Thus the conclusion is easily reached that the law itself often creates an entity or a being which is called a person; the law cannot create an artificial man, but it can and frequently does invest him with artificial attributes; this is his personality… that is to say, the man-person; and abstract persons, which are fiction and which have no existence except in law; that is to say, those which are purely legal conceptions or creations.” [1](Person of Christ)

An “incumbent” is defined as, “A person who is in present possession of an office; one who is legally authorized to discharge the duties of an office.”[2]

The words “person” and “individual” are not synonymous. “Person” being defined as, “a man considered according to the rank he holds in society, with all the right to which the place he holds entitles him, and the duties which it imposes.”[3] The word “individual” in the book “Language,” found in the Volume Library, is treated as a word “frequently misused” and clarifies its meaning with the statement, “The word (individual) should not be used in the mere sense of person. The word is correctly used in ‘Changes both in individuals and communities.’”

“Every person is a man, but not every man a person,”[4]

“Man is a term of nature; person, of the civil law”[5]

Biblically

Acts 10:34 God is not one to show partiality, prosōpolēmptēs

Romans 2:11 For there is no respect of persons with God. prosōpolēmpsia

Ephesians 6:9 And, ye masters, do the same things unto them, forbearing threatening: knowing that your Master also is in heaven; neither is there respect of persons with him.

Colossians 3:25 But he that doeth wrong shall receive for the wrong which he hath done: and there is no respect of persons.


James 2:3 And ye have respect to him that weareth the gay clothing, and say unto him, Sit thou here in a good place; and say to the poor, Stand thou there, or sit here under my footstool:


James 2:9 But if ye have respect to persons, ye commit sin, and are convinced of the law as transgressors.


1 Peter 1:17 And if ye call on the Father, who without respect of persons judgeth according to every man's work, pass the time of your sojourning here in fear:

  1. American Law and Procedure, Vol 13 pages 137-62 1910.
  2. State v McCollister, 11 Ohio, 50; State v. Blackmore, 104 Mo. 340, 15 S.W. 960. Black’s 3rd Ed. p.947.
  3. Black’s 3rd. Ed. p. 1355.
  4. Omnis persona est homo, sed non vicissim.
  5. Homo vocabulum est; persona juris civilitis. Calvinus, Lex.