“Operators and Things: The Inner Life of a Schizophrenic” by Barbara O’Brien

[obyvatel]

Hi Carcoom,
You may like Timothy Wilson's "Adaptive Unconscious" and Daniel Kahneman's "Thinking, Fast and Slow" which deal with the unconscious mind.
The books have been discussed in the forum here
http://cassiopaea.org/forum/index.php/topic,26247.0.html
http://cassiopaea.org/forum/index.php/topic,26334.0.html

 

[carcoom]

Obyvatel,

Looks like two interesting threads and two good books you directed me to. I ordered the books from the local library and they should come very soon.

Thank you!

:)

 

[Jones]

Here's an interesting connection - and perhaps symbolic of how 4D STS is influencing stuff.

Legal claims are made either in personam (against a person) or in rem (against a thing).


In personam:

In personam in a Latin term meaning "directed toward a particular person". In a lawsuit in which the case is against a specific individual, the court must have in personam jurisdiction over that person in order to try the case. In addition to the mandatory requirement of having subject-matter jurisdiction, a court needs to acquire in personam jurisdiction over the respondent/defendant. Any order issued by a judge when both subject-matter jurisdiction and in personam jurisdiction has not been properly conferred is void, of no legal force or effect.

In personam jurisdiction is obtained when the respondent/ defendant is properly served with a summons and complaint either by certified mail, by personal service, or by publication (only rarely used and only when the address of the respondent/defendant is unknown). The judgment that applies to that person and is called an "in personam judgment."

In personam is distinguished from in rem, which applies to property or "all the world" instead of a specific person. This technical distinction is relevant in determining where to file a lawsuit and how to serve a defendant. In personam means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property (in rem) then the action must be filed.

In Personam Law and Legal Definition | USLegal, Inc.

In personam in a Latin term meaning

definitions.uslegal.com

In rem:

In rem is a Latin term meaning "against or about a thing". An in rem proceeding refers to a lawsuit or other legal action directed toward property, rather than toward a particular person. The action must be brought in the court which has jurisdiction, as determined by the location of the property. Usually, the property must be located in the same county as the court for it to have in rem jurisdiction. Any judgment must be enforced upon the property and does not attach to a person. The judgment is binding on all persons who claim title to the property.

Examples of in rem actions include partitions, actions to quiet title, or foreclosure of a lien upon real estate.

In Rem Law and Legal Definition | USLegal, Inc.

In rem is a Latin term meaning

definitions.uslegal.com

The next interesting thing is the legal definition of 'person'. It's interesting because men and women are collectively referred to at Law and in Acts and Statutes as 'person' or 'persons'.

A person, for legal purposes, is generally more broadly defined to refer other than just a natural person. A person may also include a corporation, company, partnership, firm, association or society. For example, when a company incorporates, it has standing as a legal person to sue and be sued in courts of law. The precise definition of a person may vary by state and applicable laws.

The following is an example of one state's statute governing the definition of a person:

"When the word "person" is used to designate the party whose property may be the subject of a criminal or public offense, the term includes the United States, this state, or any territory, state or country, or any political subdivision of this state that may lawfully own any property, or a public or private corporation, or partnership or association. When the word "person" is used to designate the violator or offender of any law, it includes corporation, partnership or any association of persons."

Person Law and Legal Definition | USLegal, Inc.

A person, for legal purposes, is generally more broadly defined to refer other than just a natural person. A person may also include a corporation, company, partnership, firm, association or society.

definitions.uslegal.com

You rarely see the term Natural Person in laws/acts/statutes:

Natural person is a real human being or an actual person as distinguished from a corporation which is often treated at law as a fictitious person.

Natural Person Law and Legal Definition | USLegal, Inc.

Natural person is a real human being or an actual person as distinguished from a corporation which is often treated at law as a fictitious person.

definitions.uslegal.com

In other words 'person' is lumped into a definition with other legal fictions....or pretend 'things' - so there are either material/physical 'things' or pretend 'things' in civil, administrative and admiralty/maritme law and rarely 'natural persons' or 'human beings'. In any case, it seems to explain a degree of inhumane treatment of people in different social areas.

Maybe this is what the author was picking up on.