Proponents of the theory also extend it to the law and legal responsibilities, claiming that only their front man is obliged to abide by legal laws. They also claim that lawsuits are brought against straw men and not against people, and when someone appears in court, he appears as a representative of his straw man. The justification is the misconception that governments cannot force anyone to do anything. Thus, a straw man was created, which the disciple believes to command freely. Proponents cite a misinterpretation of a passage in Chapter 39 of King John`s Magna Carta, which states in part that “no free man shall be seized, deprived of his property, or wounded except by the law of the land.” [13] The most common legal fictions are corporations and trusts. These have been around for some time with their primary purpose of limiting the liability of the people who hold the company or trust, so they can NOT be personally liable for their actions. REMEMBER: Every transaction is accepted by the government as a transaction in commerce through a legal fiction. Proponents of this theory believe that the roots of this secondary legal identity can be traced back to the birth certificate or official birth registration. When used in relation to a person, a front man can play an important role in a jury trial. Using a straw man is essentially circumventing the law to achieve the desired result, which would otherwise be illegal. However, not all workarounds are legal. Some may use a front man to mask illegal activities such as money laundering. Similarly, a straw man can also be used to avoid liability for illegal operations, thus creating another person to take over the case if he is ever caught.
The straw man theory dates back to the ancient Roman legal practice of capitis deminutio (“lowering of the head”), a term used in Roman trials to erase a person`s former legal capacity. Capitis deminutio minima meant that a person ceased to belong to a particular family without losing his freedom or citizenship. Capitis deminutio media implied the loss of citizenship and family, but not freedom. Capitis deminutio maxima involved the loss of family, citizenship, and freedom (i.e. a slave or prisoner of war). [5] The straw man theory usually takes the term capitis deminutio, the spell “capitis diminutio” and claims that capitis diminutio maxima was represented by a person`s name in capital letters. This led to the idea that individuals had their own legal personality, which is now called the “straw man.” [6] The straw man theory in this context describes a separation between a “real” person (i.e. the natural person) and his or her legal or corporate identity, which some claim to be able to deny. It is impossible to circumvent the law by insisting that an individual is different from himself. If a court can establish a person`s identity regardless of his or her consent or cooperation, it prosecutes and sanctions the person. This is due to the legal principle Idem sonans (Latin for “to sound the same”), which states that similar-sounding names are equally valid when referring to a person. [16] The earliest precedent is R.
v. Davis in the United Kingdom in 1851. [17] The main application of the straw man theory is to escape and deny debts, responsibilities and legal responsibility. Tax protesters, “trade repayment” and “debt outflow” scams claim that debt and taxes are the responsibility of the straw man and not the real person. They support this assertion by misinterpreting the legal definition of a person[8] and misinterpreting the distinction between a legal person[9] and a natural person. [10] In accepted legal theory, there is a difference between what is called a natural person and that of a legal person. A corporate personality applies to businesses, charities, governments and other recognized organizations. The courts recognize people as “persons,” not as a legal fiction associated with a person of flesh and blood, but as one and the same person. [11] They never recognized the right to distance oneself from one`s person or the possibility of withdrawing from one`s personality. [12] Your name, as registered at birth, is a fictitious legal entity that you can choose to use or not. Obligations such as participation in a court are optional if you do not consider the person designated as a fictitious legal entity. At the time of birth, each person receives their own straw man, legally speaking.
On a birth certificate, the name that appears is capitalized. This name is the official name of a person. However, people often spell their name using a combination of lowercase and uppercase letters, which is legally a separate entity.