Re: [tips_and_tricks] What does it mean to be human?
Some thoughts on being a "human being."
This definition of "monster" (below) is found only in the 1948 edition of Ballentine's Law Dictionary.
The definition of "human being" simply states, "see MONSTER." The source cited is from
COMMENTARIES on the LAWS OF ENGLAND by Sir William Blackstone, 1765. This shows an ancient source and meaning to the term "MONSTER." Blackstone also cites 1 Beck's Med. Jurisp. 366; Co. Litt. 7, 8; Dig. lib. 1, t. 5, l. 14; 1 Swift's Syst. 331 Fred. Code, Pt. 1, b. 1, t. 4, s. 4. as the source of the definition.
A plant or creature terribly deformed.
A human-being by birth, but in some form resembling a lower animal
"A monster...hath no inheritable blood, and cannot be heir to any land, albeit it be brought forth in marriage; but, although it hath deformity in any part of its body, yet if it hath human shape, it may be heir." 2 Bl Comm 246.
Since a monster cannot inherit, it becomes by its nature a ward, subject to the will of it's guardian. A ward even when mature has a limited right to contract, and can contract only for its necessities.
WARD, domestic relations. An infant placed by authority of law under the care of a guardian. 2. While under the care of a guardian a ward can make no contract whatever binding upon him, except for necessaries. When the relation of guardian and ward ceases, the latter is entitled to have an account of the administration of his estate from the former. During the existence of this relation, the ward is under the subjection of his guardian, who stands in locoparentis.
WARDSHIP, Eng. law. Wardship was the right of the lord over the person and estate of the tenant, when the latter was under a certain age. When a tenant by knight's service died, and his heir was under age, the lord was entitled to the custody of the person and the lands of the heir, without any account, until the ward, if a male, should arrive at the age of twenty-one years, and, if a female, at eighteen. Wardship was also incident to a tenure in socage, but in this case, not the lord, but the nearest relation to whom the inheritance could not descend, was entitled to the custody of the person and estate of the heir till he attained the age of fourteen years; at which period the wardship ceased and the guardian was bound, to account. Wardship in copyhold estates partook of that in chivalry and that guardian like the latter, he was required lib. 7, c. 9; Grand Cout. c. 33; Reg. Maj. c. 42.
Idiots, Imbeciles and those who are Stupid, have the right of inheritance.
IDIOT, Persons. A person who has been without understanding from his nativity, and whom the law, therefore, presumes never likely to attain any. Shelf. on Lun. 2.
2. It is an imbecility or sterility of mind, and not a perversion of the understanding. Chit. Med. Jur. 345, 327, note s; 1 Russ. on Cr. 6; Bac. Ab. h. t. A; Bro. Ab. h. t.; Co. Litt. 246, 247; 3 Mod. 44; 1 Vern. 16; 4 Rep. 126; 1 Bl. Com. 302. When a man cannot count or number twenty, nor tell his father's or mother's name, nor how old he is, having been frequently told of it, it is a fair presumption that, he is devoid of understanding. F. N. B. 233. Vide 1 Dow, P. C. now series, 392; S. C. 3 Bligh, R. new series, 1. Persons born deaf, dumb, and blind, are, presumed to be idiots, for the senses being the only inlets of knowledge, and these, the most important of them, being closed, all ideas and associations belonging to them are totally excluded from their minds. Co. Litt. 42 Shelf. on Lun. 3. But this is a mere presumption, which, like most others, may be rebutted; and doubtless a person born deaf, dumb, and blind, who could be taught to read and write, would not be considered an idiot. A remarkable instance of such an one may be found in the person of Laura Bridgman, who has been taught how to converse and even to write. This young woman was, in the year 1848, at school at South Boston. Vide Locke on Human Understanding, B. 2 c. 11, 12, 13; Ayliffe's Pand. 234; 4 Com. Dig. 610; 8 Com. Dig. 644.
3. Idiots are incapable of committing crimes, or entering into contracts. They cannot of course make a will; but they may acquire property by descent.
Vide, generally, 1 Dow's Parl. Cas. new series, 392; 3 Bligh's R. 1; 19 Ves. 286, 352, 353; Stock ou the Law of Non Compotes Mentis; Bouv. Inst. Index, h. t.
IDIOTA INQUIRENDO, WRIT DE. This is the name of an old writ which directs the sheriff to inquire whether a man be an idiot or not. The inquisition is to be made by a jury of twelve men. Fitz. N. B. 232.
IMBECILITY, med. jur. A weakness of the mind, caused by the absence or obliteration of natural or acquired ideas; or it is described to be an abnormal deficiency either in those faculties which acquaint us with the qualities and ordinary relations of things, or in those which furnish us with the moral motives that regulate our relations and conduct towards our fellow men. It is frequently attended with excessive activity. of one or more of the animal propensities.
2. Imbecility differs from idiocy in this, that the subjects of the former possess some intellectual capacity, though inferior in degree to that possessed by the great mass of mankind; while those of the latter are utterly destitute of reason. Imbecility differs also from stupidity. (q. v.) The former consists in a defect of the mind, which renders it unable to examine the data presented to it by the senses, and therefrom to deduce the correct judgment; that is, a defect of intensity, or reflective power. The latter is occasioned by a want of intensity, or perceptive power.
3. There are various degrees of this disease. It has been attempted to classify the degrees of imbecility, but the careful observer of nature will perhaps be soon satisfied that the shades of difference between one species and another, are almost imperceptible. Ray, Med. Jur. ch. 3; 2 Beck, Med. Jur. 550, 542; 1 Hagg. Ecc. R. 384; 2 Philm. R. 449; 1 Litt. R. 252, 5 John. Ch. R. 161; 1 Litt. R. 101; Des Maladies mentales, considerées dans leurs rapports avec la legislation civille et criminelle, 8; Georget, Discussion medico-légale sur la folie, 140.
STUPIDITY, med. jur. That state of the mind which cannot perceive and embrace the data presented to it by the senses; and therefore the stupid person can, in general, form no correct judgment. It is a want of the perceptive powers. Ray, Med. Jur. c. 3, 40. Vide Imbecility.
"Human being" as a legal term is used in distinction to the legal term "Man" (see definition 2 below).
MAN. A human being. This definition includes not only the adult male sex of the human species, but women and children; examples: "of offences against man, some are more immediately against the king, other's more immediately against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against the life of man come under the general name of homicide, which in our law signifies the killing of a man by a man." Id. book 1, c. 8, s. 2.
2. In a more confined sense, man means a person of the male sex; and sometimes it signifies a male of the human species above the age of puberty. Vide Rape. It was considered in the civil or Roman law, that although man and person are synonymous in grammar, they had a different acceptation in law; all persons were men, but all men, for example, slaves, were not persons, but things. Vide Barr. on the Stat. 216, note.
WOMEN, persons. In its most enlarged sense, this word signifies all the females of the human species; . Mulieris appellatione etiam virgo viri potens continetur. Dig. 50, 16, 13.
2. Women are either single or married. 1. Single or unmarried women have all the civil rights of men; they may therefore enter into contracts or engagements; sue and be sued; be trustees or guardians, they may be witnesses, and may for that purpose attest all papers; but they are generally, not possessed of any political power; hence they cannot be elected representatives of the people, nor be appointed to the offices of judge, attorney at law, sheriff, constable, or any other office, unless expressly authorized by law; instances occur of their being appointed post-mistresses nor can they vote at any election. Wooddes. Lect. 31; 4 Inst. 5; but see Callis, Sew. 252; 2 Inst 34; 4 Inst. 311, marg.
3. - 2. The existence of a married woman being merged, by a fiction of law, in the being of her husband, she is rendered incapable, during the coverture, of entering into any contract, or of suing or being sued, except she be joined with her husband; and she labors under all the incapacities above mentioned, to which single women are subject. Vide Abortion; Contract; Divorce; Feminine; Foetus; Gender; Incapacity; Man; Marriage; Masculine; Mother; Necessaries; Parties to Actions Parties to Contracts; Pregnancy; Wife.
SEX. The physical difference between male and female in animals. 2. In the human species the male is called man, (q. v.) and the female, woman. (q. v.) Some human beings whose sexual organs are somewhat imperfect, have acquired the name of hermaphrodite. (q. v.)
"human c.1250, from M.Fr. humain "of or belonging to man," from L. humanus, probably related to homo (gen. hominis) "man," and to humus "earth," on notion of "earthly beings," as opposed to the gods (cf. Heb. adam "man," from adamah "ground"). Cognate with O.Lith. zmuo (acc. zmuni) "man, male person." Displaced its O.E. cognate guma (from P.Gmc. *guman-) which survives only in disguise in bridegroom. First record of humankind is from 1645. Humanoid (1918) is a hybrid of L. humanus and Gk. -oeides "like," from eidos "form, shape" (see -oid)." Online Etymology Dictionary at: http://www.etymonline.com/index.php?search=human&searchmode=none
Some have speculated that a "human being" (i.e. 'hu' coming from humus, or the dust of the earth) means the spiritually unregenerated man as indicated in the above highlited portion above. These speculations are appealing but, I am unable to support them by any legal authority.
Being declared a human being, in more legally sophisticated circles, may be a presumption of legal incapacity. If the court recognizes your incapacity, then they must assign you someone to represent you and your interest.
INCAPACITY. The want of a quality legally to do, give, transmit, or receive something.
2. It arises from nature, from the law, or from both. From nature, when the party has not his senses, as, in the case of an idiot; from the law, as, in the case of a bastard who cannot inherit from nature and the law; as, in the case of a married woman, who cannot make contracts or a will.
3. In general, the incapacity ceases with the cause which produces it. If the idiot should obtain his senses, or the married woman's hushand die, their incapacity would be at an end.
4. When a cause of action arises during the incapacity of a person having the right to sue, the act of limitation does not, in general, commence to run till the incapacity has been removed. But two incapacities cannot be joined in order to come within the statute.
[All uncited legal definitions come from A LAW DICTIONARY ADAPTED TO THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA AND OF THE SEVERAL STATES OF THE AMERICAN UNION With References to the Civil and Other Systems of Foreign Law by John Bouvier, SIXTH EDITION, REVISED, IMPROVED, AND GREATLY ENLARGED. VOLUME I. and II PHILADELPHIA CHILDS & PETERSON, 124 ARCH STREET, 1856.]
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color of manI do not know why people believe stuff like that without verifying it. It came from a small group of rather biased people.Etymology: Middle English humain, from Anglo-French, from Latin humanus; akin to Latin homo human beingJohn-Chester: Stuart: sovereign without subjects
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