MDDM Ch. 3 "No one owns me"
Dave Monroe
davidmmonroe at yahoo.com
Tue Dec 10 15:08:19 CST 2002
"'I am a British Dog, Sir. No one owns me.'" (M&D,
Ch. 3, p. 23)
"'I am a British Dog, and belong to no one, if not to
the two of you. The next time you are together, so
shall I be, with you.'" (M&D, Ch. 77, p. 757)
>From Henry of Bratton, On the Laws and Customs of
England (ca. 1220-1250) ...
Some things belong to no one.
[015] Things are said to be res nullius in several
different ways: by nature or the
[016] jus naturale, as wild beasts, birds and fish; by
the common opinion of mankind,
[017] as was said [above], as things sacred, religious
or subject to a sanction; by accident,
[018] as an inheritance lying vacant before it is
taken up. But the rule fails in this case
[019] because the inheritance represents the persona
of the deceased or because [the
[020] advent] of a future heir who will take it up is
expected. Things taken as derelict
[021] are likewise said to be res nullius. They are
also said to become such through lapse
[022] of time, as treasure trove. Also where there is
no apparent owner of the thing,
[023] as in wreck, and the same is true of things
regarded as waif, as cattle, where there
[024] is no apparent owner, all of which formerly
belonged to the finder by natural law
[025] but are now made the property of the prince by
the jus gentium. There are
[026] things that are res nullius by nature, which
nature does not permit to be anyone's
[027] property, as free men. Free men are not subjects
of ownership and commerce and
[028] the same may be said of a sick slave his lord
has cast off. The law declares him to
[029] be free.
http://supct.law.cornell.edu/bracton/Unframed/English/v2/41.htm
http://bracton.law.cornell.edu/bracton/Common/calendar.htm
http://bracton.law.cornell.edu/bracton/Common/
But why this image? Named Rex? Let me know ...
http://bracton.law.cornell.edu/bracton/Images/rex.gif
Sorry for the digression. Working on something ...
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