If You Give a Cop Presumption, He'll Ask You for I.D.
(Marushia Dark, February 13, 2014)
Maxims of Law:
"The origin of a thing ought to be inquired into."
"To refer errors to their origin is to refute them."
You've seen this scene in action movies. Maybe you've even experienced it in real life. Someone just walking along, minding their own business. A cop gets suspicious and goes up to them, asks for ID. The person just wants to be left alone, for one reason or another. They say they don't have ID. The cop gets into it and says, "You're coming with me." The person resists, the cop draws his weapon. Next thing you know, there are bodies on the floor and a criminal record list is being updated somewhere.
Ya know, kinda like this ... but probably less cool and less successful in real life.
Maybe the cops genuinely had probable cause to detain the person, maybe they didn't. Regardless, this whole scenario resulted from two things:
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The police operating on presumption of authority.
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The person being detained failing to understand and exercise his rights.
The episode just described, and many others like it, can be avoided very simply. The action movie hero doesn't have to run or beat the shit out of the cops. All he has to do is understand his natural rights. While that doesn't make for a good action movie, that can help you in your encounters with police.For starters, you were not born into this world with a bar code tattooed onto your body. You were not born with papers, stamps, and seals. That all came later, as a result of the society you were born into. So regardless of what country you are in, under the natural order of things, there is no law that can compel you to have and maintain I.D. just to be walking down the street. To better understand this, you must first understand who you are and who you are not.
"The meaning of words is the spirit of the law."
If I asked, "Are you a person?" what would be your response? Chances are, you would say yes, of course you are. And in everyday conversation, that wouldn't really matter much. But in law, it matters a great deal and there are consequences to that answer.
So I ask you again, are you a person? Do you even know what that means?
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a human being, whether man, woman, or child.
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a human being as distinguished from an animal or a thing.
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Sociology. an individual human being, especially with reference to his or her social relationships and behavioral patterns as conditioned by the culture.
So a person is a human being. But what is a human being?
One of my favorite go-to sites is Etymonline for looking up the origins of words. Here, we find the origin of the word human:
human: (adj.) mid-15c., humain, humaigne, from Old French humain, umain (adj.) "of or belonging to man" (12c.), from Latin humanus "of man, human," also "humane, philanthropic, kind, gentle, polite; learned, refined, civilized," probably related to homo (genitive hominis) "man" (see homunculus) and to humus "earth," on notion of "earthly beings," as opposed to the gods (cf. Hebrew adam "man," from adamah "ground"). Cognate with Old Lithuanian zmuo (accusative zmuni) "man, male person."
The first thing we note is that the word "human" is not a noun, but an adjective. And that it describes something "belonging to man."
In law, all people are regarded originally as man. You have man, woman (i.e. womb man), and human.
"A human being." A human being what? What are the belongings of a man being? This is an incomplete concept. The phrase is missing a predicate.
"A human being, whether man, woman, or child."
The qualities of a man whether being man, woman, or child.
"a human being as distinguished from an animal or a thing."
The qualities of a man, as being distinguished from an animal or thing.
Human = Hue + Man.
Hue = Color.
Human = Color + Man.
"a mere semblance of legal right; something done with the apparent authority of law but actually in contravention of law."
You've no doubt heard the expression "black and white," used in reference to facts. In law, everything is in black and white, meaning it is fact, or else it is "color of law," meaning that it relies on interpretation, presumption, and opinion to determine legal right.
(Why do people of color often seem to get the short end of the stick when it comes to law?)
So a "hue man" is something that appears to have the rights and qualities of a man, but actually does not. It is something else. It is a "legal fiction."
An assumption that something occurred or someone or something exists which, in fact, is not the case, but that is made in the law to enable a court to equitably resolve a matter before it.
Legal fictions are convenient tools used in law, most often for transferring liability. All persons are legal fictions in law. The most well-known are corporations, but there are other kinds as well, as we'll see later.
Returning to etymonline, we find the origin of the word "fiction" is:
fiction (n.) late 14c., "something invented," from Old French ficcion (13c.) "dissimulation, ruse; invention," and directly from Latin fictionem (nominative fictio) "a fashioning or feigning," noun of action from past participle stem of fingere "to shape, form, devise, feign," originally "to knead, form out of clay," from PIE *dheigh- "to build, form, knead" (cf. Old English dag "dough;" see dough). As a branch of literature, 1590s.
In the origin of "human" noted above, we see the word "homunculus" used. A homunculus is a fake or artificial entity. That is an apt description, I think, of what is going on here when we talk about what a person is. You may conjur images of the golem - a legendary creature made of clay, infused with a soul, so as to act as an independent creature in the likeness of a man.
You've probably heard the phrase, "corporations are people." Perhaps it would be more correct to say "corporations are persons" or "corporations are like people." Corporations (and all legal persons) can act independently of the people that comprise them. Apple, for instance, didn't stop being a thing just because Steve Jobs died. It exists and has a "life" outside of him, and likely will continue to as long as it has energy (human capital) to subsist. Persons still rely on real people to operate (even if not the same people), so for that reason, persons can never truly be real people.
So are you a person? By this point, you're probably willing to say no; but let's delve further:
person (n.) early 13c., from Old French persone "human being, anyone, person" (12c., Modern French personne) and directly from Latin persona "human being, person, personage; a part in a drama, assumed character," originally "mask, false face," such as those of wood or clay worn by the actors in later Roman theater. OED offers the general 19c. explanation of persona as "related to" Latin personare "to sound through" (i.e. the mask as something spoken through and perhaps amplifying the voice), "but the long o makes a difficulty ...." Klein and Barnhart say it is possibly borrowed from Etruscan phersu "mask." Klein goes on to say this is ultimately of Greek origin and compares Persephone.
In ancient Roman society, a "person" referred to the character being portrayed in a role. The actor beneath the mask was the man, and the person was merely a costume he put on for a certain purpose. A single actor could play several roles at different times, depending on the play. Sometimes, as was often the case in Shakespearean plays, an actor would be playing the role of an actor, playing another role:
"I'm a dude playing a dude disguised as another dude."
This can get quite elaborate and complicated, but it exists all the time within law.
When you are born, you are man. Who you are, fundamentally, does not change. Your natural rights as man do not change. But you have features that can change: hair, eyes, skin, even your name. That is your persona as a human being. What is termed a "natural person" because it is a person created by Nature under Natural Law and in accordance with the natural order of things.
Then, as that natural person, with a name, you enter into society and fulfill certain roles. You create "legal persons" or "artificial persons."
In law, there are four types of legal persons:
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Corporations - a form of property management that limits liability of shareholders.
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Trusts - when property is granted to someone other than the rightful owner / beneficiary.
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Companies - general groups and organizations, such as clubs.
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Offices - a role that remains, despite passing to another actor (e.g. President of the United States).
So again, are you a person? Are you the role you are playing, or are you the actor? To the characters in the play, and to the audience, it may be necessary to convince them that you are the role. But in everyday life, outside of that role, you are just a man.
"a human being as distinguished from an animal or a thing."
The word "as" is important here. Let us define it quickly:
conjunction. "(used correlatively after an adjective or adverb preceded by an adverbial phrase, the adverbial as, or another adverb) to such a degree or extent that."
preposition. "in the role, function, or status of."
Recall from earlier that the term "human" is an adjective.
So a person is a human as being distinguished from an animal or thing. Meaning it really is not distinguished from an animal or thing; but for the purposes of a certain role, function, or status, it is being treated as such. It is distinguished from them to such a degree or extent as the particular situation requires it to be.
How very convenient.
Person = a quality belonging to man given the likeness of a man via color of law.
Person = Persona; mask; a character or role played by an actor.
Person = a quality of man considered different from an animal or thing (but not really).
Now that we understand what a person is, we can better understand what this has to do with cops asking you for I.D.
The term "I.D." is short for "identification," the root word of which is "identify."
Identification = identify + ate + ion.
The suffixes merely convert the verb into a noun (turning an act into a thing!), so the important word here is "identify."
1. to recognize or establish as being a particular person or thing; verify the identity of.
3. to make, represent to be, or regard or treat as the same or identical.
4. to associate in name, feeling, interest, action, etc. (usually followed by with).
5. Biology. to determine to what group (a given specimen) belongs.
"As" again?
To "represent" or "regard" or "treat as" or "to associate." Basically, to lie, or to equivocate two things, claiming they are the same in some ways or all ways, when they really are not!
Curious. Why would a cop (or anyone for that matter) want you to "identify" yourself, then? What is he trying to claim you are that you are not?
All of these definitions give the overall sense that to "identify" something is to equate it with a fiction. To tie it to a person, thing, role, or act. To make it less than a man with full rights. To diminish the rights of a man in some way through the use of roles and legal fictions. The cop himself has fewer rights than you do, at least when he is a cop, because he has taken on the role of an agent of the government (a legal fiction).
In the above definition, it says, "to verify the identity of." Let's consider the word "identity" and what that means.
1. the state or fact of remaining the same one or ones, as under varying aspects or conditions.
2. the condition of being oneself or itself, and not another.
3. condition or character as to who a person or what a thing is.
4. the state or fact of being the same one as described.
5. the sense of self, providing sameness and continuity in personality over time and sometimes disturbed in mental illnesses, as schizophrenia.
The term "identity" gives the sense of being malleable. Like one actor playing many different roles. When he slips into a certain role, that has become his identity, but that is not him. It is only him for the purpose of the role, function, or status he wishes to convey. We are men who wear many hats, as it were.
You'll note the last definitions given for "person" and "identify" have to do with relations to others, as if within a society. What is the role of that person with regards to their society? What character do they identify with relative to others like them?
Identity = "condition or character as to who a person or what a thing is"
Here again, we see the use of the word "person." And also the word "as." How very interesting.
Always referring to "persons," i.e. fictional roles, and to things. Things in law have no rights. Fictions in law have no real rights, except when the actors agree to those rights for purposes of the performance. The actor agrees to play the bad guy, but may not be bad in real life. The actor agrees to play a person in love, even though they may despise their costar in real life.
None of this is real. All that is real at the end of the day are men and things and actions. But the implications of identifying with something carry very real consequences.
The word "identity" can be broken up further into "Id + Entity."
1. something that has a real existence; thing.
2. being or existence, especially when considered as distinct, independent, or self-contained.
3. essential nature.
So an entity is a real thing. That is simple enough to grasp. Again, things don't have rights, though. Only men do.
"the part of the psyche, residing in the unconscious, that is the source of instinctive impulses that seek satisfaction in accordance with the pleasure principle and are modified by the ego and the superego before they are given overt expression."
The Id, in psychology, is the base animal self. The instinctual self that is out of control and needs to be tempered by external influence. So your identity, your "id entity" is your animal nature. When a cop comes up to you and asks for I.D., do you wish to equate yourself with your animal nature? You know what happens to wild animals running lose in society, right? They get put down or thrown into cages. People buy them and own them as pets or put them to work.
Are you in control of yourself or not? Do we need to be concerned about you running around hurting people? Or are you accountable for your actions to the extent we can trust you to wander around freely?
"It behooves us to remember that men can never escape being governed. Either they must govern themselves or they must submit to being governed by others. If from lawlessness or fickleness, from folly or self-indulgence, they refuse to govern themselves, then most assuredly in the end they will have to be governed from the outside. They can prevent the need of government from without only by showing that they possess the power of government from within. A sovereign cannot make excuses for his failures; a sovereign must accept the responsibility for the exercise of the power that inheres in him; and where, as is true in our Republic, the people are sovereign, then the people must show a sober understanding and a sane and steadfast purpose if they are to preserve that orderly liberty upon which as a foundation every republic must rest." ~ Teddy Roosevelt.
How do we govern ourselves? Simple. Your rights end where someone else's begin. Your duty begins where someone else's rights begin.
"Rights and duties are correlated; the scope of one is the extent of the other." ~ Legal Maxim
The internal mechanism of the Ego is supposed to temper the animal nature of the Id, and the social pressures of the superego:
1. the “I” or self of any person; a person as thinking, feeling, and willing, and distinguishing itself from the selves of others and from objects of its thought.
2. Psychoanalysis. the part of the psychic apparatus that experiences and reacts to the outside world and thus mediates between the primitive drives of the id and the demands of the social and physical environment.
Always persons and fictions. But at least this is an internal fiction, as opposed to an externally imposed one.
A cop comes up to you and asks you for I.D. You tell him, "I'm aware of no law that requires me to have one. Have you mistaken me for someone playing a role that would require an I.D.? Can you show me this law? Because I don't think it really exists. By what authority are you detaining me? Who do you think I am, relative to you? Can you tell me whose rights you think I am infringing by being out here? Because I was under the impression that I was born free and that there are laws in place preventing officers like you from bothering me without good reason."
Maybe our action hero gets to walk away while keeping his identity a secret, and the police get to go home to their families with all their teeth and one less incident report to file.
At least it's a starting point.