Sovereignty as lawmaker
"Sovereignty and legislature are indeed convertible terms; one cannot subsist without the other."
Commentaries on the Laws of England, William Blackstone
The union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do everything in a state without accountability; to make laws, to execute and to apply them: to impose and collect taxes, and, levy, contributions; to make war or peace; to form treaties of alliance or of commerce with foreign nations, and the like. Story on the Const. sect 207. (Bouvier's 1856)
n. A people permanently occupying a fixed territory bound together by common-law habits and custom into one body politic exercising, through the medium of an organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace and of entering into international relations with other communities of the globe. (Black's 5th)
body politic or corporate:
A social compact by which the whole people covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain laws for the common good. Uricich v. Kolesar, 54 Ohio App. 309, 7 N.E.2d 4 13, 4 1 4. Also a term applied to a municipal corporation, school district, county or city. State or nation or public associations. Utah State Building Commission, for Use and Benefit of Mountain States Supply Co., v. Great American Indemnity Co., 105 Utah 1 1 , 140 P.2d 763, 767. (Black's 5th)
One who, under the Constitution and laws of the United States, or of a particular state, is a member of the political community, owing allegiance and being entitled to the enjoyment of full civil rights. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. U.S.Const., 14th Amend. (Black's 5th)
Obligation of fidelity and obedience to government in consideration for protection that government gives. (Black's 5th)
In commerce, the truth is sovereign.
And ye shall know the truth, and the truth shall make you free. (John 8:32)
Freedom is unavailable when opprtunity is unknown.
No knowledge of opportunity leads to a sense of necessity which implies lawlessness.
Necessitas non habet legem. Necessity has no law.
law of the contract, contract makes law
Le contrat fait la loi. The contract makes the law.
*** expression of truth strongest against the source (hypocrisy)
Verba fortius accipientur contra proferentum. Words are to be taken most strongly against him who uses them. Bacon's Max. Reg. 3; 1 Bouv. Inst. n. 661.
ambiguity -> contra proferentum
Used in connection with the construction of written documents to the effect that an ambiguous provision is construed most strongly against the person who selected the language. U. S. v. Seckinger, 397 U.S. 203, 2 1 6, 90 S.Ct. 880, 25 L.Ed.2d 224. (Black's 5th)
law as ethical system
Lex est sanctio sancta, jubens honesta, et prohibens contraria. 2 Inst. 587. - Law is a sacred sanction, commanding what is honourable, and forbidding what is contrary.
Aequum et bonum, est lex legum. What is good and equal, is the law of laws. Hob. 224.
The legal fiction has a venerable pedigree that can be traced to Roman law where the praetor would endorse a false procedural statement, known as a fictio, in order to extend a right of action beyond its intended scope. Legal Fictions and Juristic Truth, Nancy J. Knauer