Showing posts with label law.. Show all posts
Showing posts with label law.. Show all posts

Thursday, March 10, 2011

Property is Real or at Least Relatively Real

The materialist definition of Property is that Property is a physical thing like a house or a bicycle. Thus, we start with sense experience and then see that any physical, tangible object that I possess, where this can be verified by sense experience, that is, by positivism, is considered real property. Possession is based on the person having a certain amount of control over the tangible thing, such that the person has at least some ability to exclude others from taking the physical, tangible, from his or her possession. Thus, following Blackstone, Magna Charta, Grotius, and John Locke, a person has a right to use reasonable force to exclude others from trying to steal his property, that is, a person has a natural right to prevent others from wrongfully taking possession of the property that the first person has in his or her possession. Now, after awhile, the idea of constructive possession of property came about. Constructive possession of property is where a legal fiction is used to assert that a person possesses property even though the person is out of town, for example. So, if Joe travels to the village 5 miles away, Joe still has constructive possession of his house and his property therein, even though he is not physically present to defend his property as home. Additionally, once property right began to be recognized, people banded together to protect each other's property and property rights, and thus a legal system was formed. Thus, Sheriff's Law, the Law of Logic, prohibited Sopistry, and began to protect property rights, that is, the person's right to possession of some tangible, physical objects. At this point, we can see that "property" in a sense was no longer just the physical thing in itself, but instead became an intangible legal right. Thus, the Restatement of Property defines Property as "A legal relationship between persons with respect to some thing, tangible or intangible." Thus, property is is both physical and intangible, and the idea of intellectual property which is largely intangible was born. Thus, we can say that property is real, or at least relatively real, and therefore property is not a reified concept. Property starts with the concrete or physical and then moves to intangible aspects. Moreover, we can see that reification is itself an incoherent concept since reification is itself a reified concept. Additionally form property law we can reason to contract law, and then to other forms of law, using logical positivism.

(C)Perpetual Copyright (2011) by Anthony Fejfar and Neothomism, P.C. (PA)

Friday, January 21, 2011

Sheriff's Law

The English Common Law, Roman Law, Greek Law, and Chinese Law, is all based upon Sheriff's Law, or Druid Law, which is bound by, and maniftests through the use of the Rule of Logic. Sheriff's Law is legitimated by the Rule of Logic, that is, that Sheriff's Law is valid because it does not involve a logical contradiction. It is said that Sheriff's Law, based upon the Rule of Logic, was legitimated and promulgated by Phillip of Macedon, Emperor of Greece, Augustus Caesar, Emperor of Rome, Ton Tzu, the Emperor of China (Han Dynasty), Anthony Pendragon, King and Emperor of Great Britain, and King Richard the Lionhearted, who is Pope Innocent III, King Louis XIV of France, Immortal, and Czar Peter the Great of Russia. Jurisidction on the Assizes, or Sheriff's Law, is only valid if the Rule of Logic is followed, and if the Sheriff fails to do so, he can be disciplined by the King or Emperor. Sheriff's Law starts with the notion of Possession or Ownership of Property, and works outward from there. This is the basis for Feudal Law. The primary crime and tort in Sheriff's Law is Nuisance. Nuisance is defined as that legal offense resulting from the unreasonable use of property which harms another unreasonably. From Property Law is derived the notion of Liberty of Contract and Liberty of Conduct.

(C)Copyright 2011 by Anthony J. Fejfar

Friday, October 29, 2010

A Charge of Necromancy is Illegal

Legal Opinion by Anthony J. Fejfar, B.A., J.D., Esq., Coif,
Member, United States Supreme Court Bar


I have heard that some satanists, who are passing themselves off as relgious fundamentalists, are trying to charge Christians with "necromancy" for asserting that they have Gifts of the Spirit, or that a Miracle has been performed or observed. However, the charge of necromancy is a false charge. Necromancy is defined in Webster's as "communing with dead spirits." Black's Law Dictionary does not even contain, let alone define, the term "necromancy." Moreover, the charge of "necromancy" is found nowhere in the English Common Law or the American Common Law. The British Constitution and International Treaty, Manga Charta (1215) states that no criminal charge is valid if it diverges substantially from the English Common Law as of the year 1215. And, English Common Law crimes as of the year 1215, did not contain any such crime as, "necromancy." In other words, "necromancy" is simply a fabricated term used by satanist to unjustly persecute others.

(C)Copyright 2010 by Anthony J. Fejfar