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Law Private Property

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Submitted By celinesoueid
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The concept of legal personality could be defined as a person with lawful characteristics and qualities of a natural person. Being a natural person was not always enough to be considered as a ‘legal person’. However, women and slaves had to deal with difficulties with the law considering societies back then had a different view of them being recognized by the law as having legal rights, protections, privileges, responsibilities and liabilities under the law. the term and common law idea of "legal person" is to be visible and have a legal standing which, in other means, to be able to attract legal rights and assume legal obligations. If, however, a person was not considered to be recognized by the law, the human being will then be considered as a species of property that can only be bought and sold,(Davies and Naffine at casebook, 26). In that period of time, the subjugated Africans that were brought to America or Europe did not reach a ‘legal status’, hence were not considered as legal persons. As a result of not being granted legal status, they were treated as property to be bought and sold; they did not have control or ‘protection’ of their own lives. This lack of legal status affected their lives over the years; they were “bought and sold, treated as an ordinary merchandise and traffic, whenever a profit could be made by it. This opinion was at that time fixed universal in the civilized portion of the white race.” (Brettle Dawson, 2101T S1_Introduction, Carleton University, May 8th 2012). Another case to support my answer is the Shelly v. Kraemer , they were not allowed obtaining a property based on their race. According to the philosopher John Locke, “a man cannot enslave himself to anyone; he cannot take his own life and give another power over it. To be a person is precisely not to be a property. A person is a ‘self-proprietor’.” 2) ‘’The concept of

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