The straw man is an artificial person. The straw man was created by law shortly after you were born via the registration of the application for your birth certificate. The name for the straw man is your name in ALL CAPITAL LETTERS. You will notice that the inscription on the birth certificate is your name in all-capital letters. The English language has precise rules of grammar that make no provision for writing proper nouns in all-capital letters. So, your name spelled with all-capital letters is a fictitious name. Your straw man has a same-sounding name as your name, but is an artificial entity which exists only "by force of or in contemplation of law." The all-caps name is not your "true name" which consists of the given (Christian) name plus the surname (family name), and appears with only initial letters capitalized. The all-caps version of your name is a TRADE NAME, the name under which you "do business." We may also say that the straw man is a "person" according to the legal dictionary. "Person. 1. a human being. 2. An entity (such as a corporation) that is recognized by law as having the rights and duties of a human being..." [Blacks Law Dictionary, 7th Edition] The straw man may also be said to be an "artificial person" which is also defined in the legal dictionary. "An entity, such as a corporation, created by law and given certain legal rights and duties of a human being; a being, real or imaginary, who for the purpose of legal reasoning is treated more or less as a human being. -- Also termed fictitious person; juristic person; legal person; moral person." [Blacks Law Dictionary, 7th Edition] A straw man may also be thought of as a "legal fiction." "Legal fiction. Assumption of fact made by court as basis for deciding a legal question. A situation contrived by the law to permit a court to dispose of a matter ..." [Black's Law Dictionary 5th Edition] As we explore further, we must distinguish between the straw man (an it or person), and the real, flesh and blood being (human being) which we will call a "man." "Man" has a legal definition. "A human being. A person of the male sex. A male of the human species above the age of puberty. In the most extended sense the term includes not only the adult male sex of the human species, but women and children. ... In feudal law, a vassal; a tenant or feudatory." [Blacks Law Dictionary, 5th Edition] So we conclude that "man" is a term of nature. But who created nature? Some would say God, others would say the Creator (a term often used by the founder of our country), while others might hold a different view. On the other hand, we see "person" as a term of the civil law. Who is the creator of civil law? "Civil law ... a rule of civil conduct prescribed by the supreme power of a state ... the civil or municipal law of the Roman empire." [Ballentine's Law Dictionary, 3rd Edition] So kings, emperors or legislative bodies acting in a sovereign capacity are the "creators" of civil law. When our government acts as a sovereign, it is acting outside it's constitutional authority. So we see that a man and a person are very different terms identifying very different things. If you study Roman civil law, you will see that it originates and uses fictions of law -- that is, concepts that are contrary to the natural order of things, and based upon presumptions that are untrue. You will realize that this person recognized in the civil law is a fictional entity. You will come to see the vast difference between man and person. So the straw man is a person, a public name that is recognized in a civil society. We've mentioned "legal fiction" and "fiction of law", so let's see how these are defined. "Fiction of law. An assumption or supposition of law that something which is or may be false is true, or that a state of facts exists which has never really taken place. An assumption, for purposes of justice, of a fact that does not or may not exist. A rule of law which assumes as true, and will not allow to be disproved, something which is false, but not impossible." [Black's Law Dictionary 5th Edition]

• published: 13 Mar 2013
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