Capitis Diminutio



The names of these legal fictions are always in capital letters because they have been ‘capitalised’. 'To capitalise' means ‘to take advantage of- to use to one’s own advantage’ (Gage Canadian Dictionary 1983). Remember, no one can take advantage of anybody else since we are all born equal. However, in Roman Law there is something called Capitis Diminutio which diminishes the status of a man through the capitalisation in various forms of his name:

Capitis Diminutio Minima 

man with rights, but who has obligations.

John Smith – lowest degree of loss of status; only family relations change as it presupposes the State’s recognition of ‘a natural person’, one that has accepted the social contract and is part of the sovereign State.

Capitis Diminutio Media 

person having no rights of any kind but still entitled to liberties granted by the legal society/slave owner.

John SMITH – lesser degree of loss of status; citizenship rights are lost but freedom remains. The state is not able to protect this natural person’s rights and thus this is how a court summons will appear.

Capitis Diminutio Maxima 

person having no rights of any kind, not even the liberties or benefits of a citizen; criminal, beneficiary, employee, etc.

JOHN SMITH – highest degree of loss of status; not only family rights and citizenship rights are lost but freedom is too. The status of the man goes from freedom to bondage, it is the status of an artificial person.

john: smith - is the free, living, sovereign man; in short, the man.   

Sui Juris - A man has all rights and no duties or obligations. 

A child of the state has benefits or privileges and obligations. 

Capital Punishment, capitalisation and decapitation. Is the capitalisation a form of decapitation?

The State has jurisdiction over legal persons as it is the state who has created and owns them, and thus it is the State who has the power to dictate the law over them. Stateless men and women are not under that jurisdiction and thus they cannot go to jail nor get fined, their status has not been downgraded to the ‘state’s rights and duties’ one. Whenever one identifies with the passport, driver’s license, or any other type of legal person identification, one’s legal fiction stands above one’s essence as a divine being. The men or women who are subjected to the State and do not or cannot stand on their own feet have to be downgraded to the State’s ‘paternal authority’ and thus they have to obey the government’s rules and mandates, they are children of the patriotic (eytomologically comes from father) state and as such they are treated. Men who cannot stand on their own and thus are dependent, need to be told what to do and how to do it, and they are condemned to a purely existential life with never really grasping what it feels like to stand on the correct status of the hierarchical social order.

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