Nature - Natural - Naturalize

Comprehending laws and contracts is impossible, unless we first learn the meaning of the words and phrases they contain.

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Nature - Natural - Naturalize

Post by notmartha » Sat Dec 26, 2015 1:08 pm

What is the nature of you? To whom/what were you born? I'll explore these questions in multiple posts.

Nature

KJV References

Physis, Greek Strong's #5449, is used 14 times in the New Testament. It is translated as nature (10), natural + <G2596> (2), kind (1), mankind + <G442> (1). It is translated as “nature” in the following verses:
Romans 1:26 - For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature:

Romans 2:14 - For when the Gentiles, which have not the law, do by nature the things contained in the law, these, having not the law, are a law unto themselves:

Romans 2:27 - And shall not uncircumcision which is by nature, if it fulfill the law, judge thee, who by the letter and circumcision dost transgress the law?

Romans 11:24 - For if thou wert cut out of the olive tree which is wild by nature, and wert graffed contrary to nature into a good olive tree: how much more shall these, which be the natural branches, be graffed into their own olive tree?

1 Corinthians 11:14 - Doth not even nature itself teach you, that, if a man have long hair, it is a shame unto him?

Galatians 2:15-16 - We who are Jews by nature, and not sinners of the Gentiles, Knowing that a man is not justified by the works of the law, but by the faith of Jesus Christ, even we have believed in Jesus Christ, that we might be justified by the faith of Christ, and not by the works of the law: for by the works of the law shall no flesh be justified.

Galatians 4:8 - Howbeit then, when ye knew not God, ye did service unto them which by nature are no gods.

Ephesians 2:3 - Among whom also we all had our conversation in times past in the lusts of our flesh, fulfilling the desires of the flesh and of the mind; and were by nature the children of wrath, even as others.

2 Peter 1:4 - Whereby are given unto us exceeding great and precious promises: that by these ye might be partakers of the divine nature, having escaped the corruption that is in the world through lust.
Genesis, Greek Strong's #1078, it used 3 times in the New Testament. It is translated as generation (1), natural (1), and nature (1). It is translated as “nature” in the following verse:
James 3:6 - And the tongue is a fire, a world of iniquity: so is the tongue among our members, that it defileth the whole body, and setteth on fire the course of nature; and it is set on fire of hell.
The Declaration of Independence states:
“When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to separation.”
Webster’s Dictionary of the English Language, 1828
NATURE, noun [Latin from nature born, produced, ]

1. In a general sense, whatever is made or produced; a word that comprehends all the works of God; the universe. Of a phoenix we say, there is no such thing in nature
And look through nature up to natures God.

2. By a metonymy of the effect for the cause, nature is used for the agent, creator, author, producer of things, or for the powers that produce them. By the expression, trees and fossils are produced by nature we mean, they are formed or produced by certain inherent powers in matter, or we mean that they are produced by God, the Creator, the Author of whatever is made or produced. The opinion that things are produced by inherent powers of matter, independent of a supreme intelligent author, is atheism. But generally men mean by nature thus used, the Author of created things, or the operation of his power.

3. The essence, essential qualities or attributes of a thing, which constitute it what it is; as the nature of the soul; the nature of blood; the nature of a fluid; the nature of plants, or of a metal; the nature of a circle or an angle. When we speak of the nature of man, we understand the peculiar constitution of his body or mind, or the qualities of the species which distinguish him from other animals. When we speak of the nature of a man, or an individual of the race, we mean his particular qualities or constitution; either the peculiar temperament of his body, or the affections of his mind, his natural appetites, passions, disposition or temper. So of irrational animals.

4. The established or regular course of things; as when we say, an event is not according to nature or it is out of the order of nature

5. A law or principle of action or motion in a natural body. A stone by nature falls, or inclines to fall.

6. Constitution aggregate powers of a body, especially a living one. We say, nature is strong or weak; nature is almost exhausted.

7. The constitution and appearances of things.
The works, whether of poets, painters, moralists or historians, which are built upon general nature live forever.

8. Natural affection or reverence.
Have we not seen, the murdering son ascend his parents bed through violated nature force his way?

9. System of created things.
He binding nature fast in fate, Left conscience free and will.

10. Sort; species; kind; particular character.
A dispute of this nature caused mischief to a king and an archbishop.

11. Sentiments r images conformed to nature or to truth and reality.
Only nature can please those tastes which are unprejudiced and refined.

12. Birth. No man is noble by nature

NATURE, verb transitive To endow with natural qualities. [Not in use]
Bouvier’s Dictionary of Law, 1856
LAW OF NATURE.

1. The law of nature is that which God, the sovereign of the universe, has prescribed to all men, not by any formal promulgation, but by the internal dictate of reason alone. It is discovered by a just consideration of the agreeableness or disagreeableness of human actions to the nature of man; and it comprehends all the duties which we owe either to the Supreme Being, to ourselves, or to our neighbors; as reverence to God, self defence, temperance, honor to our parents, benevolence to all, a strict adherence to our engagements, gratitude, and the like.

2. The primitive laws of nature may be reduced to six, namely: 1. Comparative sagacity, or reason. 2. Self love. 3. The attraction of the sexes to each other. 4. The tenderness of parents towards their children. 5. The religious sentiment. 6. Sociability.

3. 1. When man is properly organized, he is able to discover moral good from moral evil; and the study of man proves that man is not only an intelligent, but a free being, and he is therefore responsible for his actions. The judgment we form of our good actions, produces happiness; on the contrary the judgment we form of our bad actions produces unhappiness.

4. 2. Every animated being is impelled by nature to his own preservation, to defend his life and body from injuries, to shun what may be hurtful, and to provide all things requisite to his existence. Hence the duty to watch over his own preservation. Suicide and duelling are therefore contrary to this law; and a man cannot mutilate himself, nor renounce his liberty.

5. 3. The attraction of the sexes has been provided for the preservation of the human race, and this law condemns celibacy. The end of marriage proves that polygamy, (q. v.) and polyandry, (q. v.) are contrary to the law of nature. Hence it follows that the husband and wife have a mutual and exclusive right over each other.

6. 4. Man from his birth is wholly unable to provide for the least of his necessities; but the love of his parents supplies for this weakness. This is one of the most powerful laws of nature. The principal duties it imposes on the parents, are to bestow on the child all the care its weakness requires, to provide for its necessary food and clothing, to instruct it, to provide for its wants, and to use coercive means for its good, when requisite.

7. 5. The religious sentiment which leads us naturally towards the Supreme Being, is one of the attributes which belong to humanity alone; and its importance gives it the rank of the moral law of nature. From this sentiment arise all the sects and different forms of worship among men.

8. 6. The need which man feels to live in society, is one of the primitive laws of nature, whence flow our duties and rights; and the existence of society depends upon the condition that the rights of all shall be respected. On this law are based the assistance, succors and good offices which men owe to each other, they being unable to provide each every thing for himself.

LAW, UNWRITTEN, or lex non scripta. All the laws which do not come under the definition of written law; it is composed, principally, of the law of nature, the law of nations, the common law, and customs.

LEX LOCI CONTRACTUS, contracts. The law of the place where an agreement is made.
3. There is an exception to the rule as to the universal validity of contracts. The comity of nations, by virtue of which such contracts derive their force in foreign countries, cannot prevail in cases where it violates the law of our own country, the law of nature, or the law of God. 2 Barn. & Cresw. 448, 471. And a further exception may be mentioned, namely, that no nation will regard or enforce the revenue laws of another country.

LAW, INTERNATIONAL. The law of nature applied to the affairs of nations, commonly called the law of nations, jus gentium; is also called by some modern authors international law.

DUTY. 4. 2. A man has a duty to perform towards himself; he is bound by the law of nature to protect his life and his limbs; it is his duty, too, to avoid all intemperance in eating and drinking, and in the unlawful gratification of all his other appetites.

LIBERTY. 5. Natural liberty is the right which nature gives to all mankind, of disposing of their persons and property after the manner they judge most consonant to their happiness, on condition of their acting within the limits of the law of nature, and that they do not in any way abuse it to the prejudice of other men.
Maxims
When laws imposed by the state fail, we must act by the law of nature.

The union of husband and wife is founded on the law of nature.

An accessory follows the nature of his principal.

The union of a man and a woman is of the law of nature.

Heir is a term of law, son one of nature.

The laws of nature are unchangeable.

When laws imposed by the state fail, we must act by the law of nature.

The law regards the order of nature.

Nature aspires to perfection, and so does the law.

Nature makes no leap, nor does the law.

Nature makes no vacuum, the law no supervacuum.

The force of nature is greatest; nature is doubly great.

No man is presumed to do anything against nature.

Offences against nature are the heaviest.

It is in the nature of things that he who denies a fact is not bound to prove it.

That is perfect which wants nothing in addition to the measure of its perfection or nature.

What is prohibited in the nature of things, cannot be confirmed by law.

The word things has a general signification, which comprehends corporeal and incorporeal objects, of whatever nature, sort or specie.

As nature does nothing by a bound or leap, so neither does the law.

General words must be confined or restrained to the nature of the subject or the aptitude of the person.
The Century Dictionary, an Encyclopedic Lexicon of the English Language, Vol. 5, 1895
nature (na'tur),

1. Birth; origin; parentage ; original stock.

2. The forces or processes of the material world, conceived of as an agency intermediate between the Creator and the world, producing all organisms and preserving the regular order of things: as, in the old dictum, "nature abhors a vacuum." In this sense nature is often personified.

3. The metaphysical principle of life; the power of growth; that which causes organisms to develop each in its predeterminate way.

4. Cause; occasion; that which produces anything.

5. The material and spiritual universe, as distinguished from the Creator; the system of things of which man forms a part ; creation, especially that part of it which more immediately surrounds man and affects his senses, as mountains, seas, rivers, woods, etc.: as, the beauties of nature; in a restricted sense, whatever is produced without artificial aid, and exists unchanged by man, and is thus opposed to art.

6. That which is conformed to nature or to truth and reality, as distinguished from that which is artificially forced, conventional, or remote from actual experience ; naturalness.

7. Inherent constitution, property, or quality; essential character, quality, or kind; the qualities or attributes which constitute a being or thing what it is, and distinguish it from all others; also, kind; sort; species; category: as, the nature of the soul; the divine nature; it is the nature of fire to bum; the compensation was in the nature of a fee.
8. An original, wild, undomesticated condition, as of an animal or a plant; also, the primitive condition of man antecedent to institutions, especially to political institutions: as, to live in a state of nature.

9. The primitive aboriginal instincts, qualities, and tendencies common to mankind of all races and in all ages, as unchanged or uninfluenced by civilization; especially, the instinctive or spontaneous sense of justice, benevolence, affection, self-preservation, love of show, etc., common to mankind ; naturalness of thought, feeling, or action; humanity.

10. The physical or moral constitution of man physical or moral being; the personality.

11. Inborn or innate character, disposition, or inclination; inherent bent or disposition; individual constitution or temperament; inbred or natural endowments, as opposed to acquired; hence, by metonymy, a person so endowed: as, we instinctively look up to a superior nature.

12. The vital powers of man; vitality; vital force; life; also, natural course of life; lifetime.

13. In theol., the natural unregenerate state of the soul; moral character in its original condition,
unaffected by grace.

14. Conscience.

15. Spontaneity; abandon; felicity; truth; naturalness.

Law of nature.
An unwritten law depending upon an instinct of the human race, universal conscience, or common sense. [ was the usual sense before the middle of the seventeenth century.]

naturize (na'tur-5z),
To endow with a nature or special qualities.
Black's Law Dictionary, 2nd Edition, 1910
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Black’s Law Dictionary, 7th Edition
Nature
1. A fundamental quality that distinguishes one thing from another; the essence of something
2. A wild condition, untouched by civilization
3. A disposition or personality of someone or something
4. Something pure and true as distinguished from something artificial or contrived.
5. The basic instincts or impulses of someone or something.
6. The elements of the universe, such as mountains, plants, planets, and stars.


Thomas Jefferson said:
It is not only vain, but wicked, in a legislature to frame laws in opposition to the laws of nature, and to arm them with the terrors of death. This is truly creating crimes in order to punish them.
Benjamin Franklin said:
Freedom is not a gift bestowed upon us by other men, but a right that belongs to us by the laws of God and nature.
John Adams said:
Resistance to sudden violence, for the preservation not only of my person, my limbs and life, but of my property, is an indisputable right of nature which I have never surrendered to the public by the compact of society, and which perhaps, I could not surrender if I would. Nor is there anything in the common law of England ... inconsistent with that right.
Human nature itself is evermore an advocate for liberty. There is also in human nature a resentment of injury, and indignation against wrong. A love of truth and a veneration of virtue. These amiable passions, are the "latent spark"... If the people are capable of understanding, seeing and feeling the differences between true and false, right and wrong, virtue and vice, to what better principle can the friends of mankind apply than to the sense of this difference?
Marcus Tullius Cicero said:
Wise men are instructed by reason; men of less understanding, by experience; the most ignorant, by necessity; the beasts, by nature.
There exists a law, not written down anywhere but inborn in our hearts; a law which comes to us not by training or custom or reading but by derivation and absorption and adoption from nature itself; a law which has come to us not from theory but from practice, not by instruction but by natural intuition. I refer to the law which lays it down that, if our lives are endangered by plots or violence or armed robbers or enemies, any and every method of protecting ourselves is morally right.
John Locke said:
All men by nature are equal in that equal right that every man hath to his natural freedom, without being subjected to the will or authority of any other man; being all equal and independent, no one ought to harm another in his life, health, liberty or possessions.
It cannot be supposed that they should intend, had they a power so to do, to give to any one, or more, an absolute arbitrary power over their persons and estates, and put a force into the magistrate's hand to execute his unlimited will arbitrarily upon them. This were to put themselves into a worse condition than the state of nature, wherein they had a liberty to defend their right against the injuries of others, and were upon equal terms of force to maintain it, whether invaded by a single man, or many in combination. Whereas by supposing they have given up themselves to the absolute arbitrary power and will of a legislator, they have disarmed themselves, and armed him, to make a prey of them when he pleases; he being in a much worse condition, who is exposed to the arbitrary power of one man, who has the command of 100,000, than he that is exposed to the arbitrary power of 100,000 single men; no body being secure, that his will, who has such a command, is better than that of other men, though his force be 100,000 times stronger.
William Barclay said:
Self-defense is a part of the law of nature; nor can it be denied the community, even against the king himself.
Edmund Burke said:
There is but one law for all, namely, that law which governs all law, the law of our Creator, the law of humanity, justice, equity -- the law of nature, and of nations.
Adam Smith said:
Every man is, no doubt, by nature, first and principally recommended to his own care; and as he is fitter to take care of himself than of any other person, it is fit and right that it should be so.
Voltaire said:
What is not in nature can never be true.
Tertullian said:
It is a fundamental human right, a privilege of nature, that every man should worship according to his own convictions. One man’s religion neither harms nor helps another man. It is assuredly no part of religion to compel religion, to which free will and not force should lead us.
Edward Everett said:
The man who stands upon his own soil, who feels, by the laws of the land in which he lives,--by the laws of civilized nations,--he is the rightful and exclusive owner of the land which he tills, is, by the constitution of our nature, under a wholesome influence, not easily imbibed from any other source.
Nolo’s Plain-English Law Dictionary
Crime Against Nature
An archaic term used to describe sexual practices deemed deviant or not natural by a legislature or a court. Examples range from bestiality (intercourse between a human and an animal) to necrophilia (intercourse with a dead body). Few states still have "crime against nature" statutes on the books, and any that still include consensual sexual acts, such as sodomy, between adults are unconstitutional under a 2003 United States Supreme Court decision, Lawrence v. Texas.
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notmartha
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Re: Nature - Natural - Naturalize

Post by notmartha » Sun Dec 27, 2015 2:45 pm

Natural

KJV References

Lēaḥ, Hebrew Strong's #3893, is used 1 time in the Old Testament. It is translated as “natural force” in the following verse:
Deuteronomy 34:7 - And Moses was an hundred and twenty years old when he died: his eye was not dim, nor his natural force abated.
Physikos, Greek Strong's #5446, is used 3 times in the New Testament. It is translated as “natural,” meaning physical, in the following verses:
2 Peter 2:12 - But these, as natural brute beasts, made to be taken and destroyed, speak evil of the things that they understand not; and shall utterly perish in their own corruption;
Romans 1:26-27 - For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature: And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet.
Physis, Greek Strong's #5449, is used 14 times in the New Testament. It is translated as nature (10), natural + <G2596> (2), kind (1), mankind + <G442> (1). It is translated as “natural” in the following verses:
Romans 11:21 - For if God spared not the natural branches, take heed lest he also spare not thee.
Genesis, Greek Strong's #1078, is used 3 times in the New Testament. It is translated as generation (1), natural (1), nature (1). It is translated as “natural” in the following verse:
James 1:23 - For if any be a hearer of the word, and not a doer, he is like unto a man beholding his natural face in a glass:


Astorgos, Greek Strong's #794, is used 2 times in the New Testament, translated as “without natural affection”:
Romans 1:31 - Without understanding, covenantbreakers, without natural affection, implacable, unmerciful:
2 Timothy 3:3 - Without natural affection, trucebreakers, false accusers, incontinent, fierce, despisers of those that are good,


Psychikos, Greek Strong's #5591, is used 6 times in the New Testament. It is translated as natural (4), sensual (2). It is translated as “natural” in the following verses:
1 Corinthians 2:14 - But the natural man receiveth not the things of the Spirit of God: for they are foolishness unto him: neither can he know them, because they are spiritually discerned.
1 Corinthians 15:44 - It is sown a natural body; it is raised a spiritual body. There is a natural body, and there is a spiritual body.
1 Corinthians 15:46 - Howbeit that was not first which is spiritual, but that which is natural; and afterward that which is spiritual.


From The Words of His Kingdom and the words of the world compared:
Who Are You?

Are you a 'person', an 'individual', or a 'human being'? These words, at law, define you as being spiritually 'dead.' This is how the world makes its attachment to you. The terms, 'person', 'individual', 'human being', etc., are not in Christ. Words like "individual," and "human being" do not even appear in scripture! These are 'created' terms by the natural man (1 Corinthians 2:14). These words describe the 'old man', but not the 'new man' in Christ (Colossians 3:9-10).

[Human Being, Monster] are also synonymous with the term 'natural man.'

"The natural man is a spiritual monster. His heart is where his feet should be, fixed upon the earth; his heels are lifted up against heaven, which his heart should be set on. His face is towards hell; his back towards heaven. He loves what he should hate, and hates what he should love; joys in what he ought to mourn for, and mourns for what he ought to rejoice in; glories in his shame, and is ashamed of his glory; abhors what he should desire, and desires what he should abhor." Thomas Boston, quoted in Toplady’s, Complete Works (1794, reprinted by Sprinkle Pub. 1987), page 584.

And the Word confirms:

"But the natural man receiveth not the things of the Spirit of God: for they are foolishness unto him: neither can he know them, because they are spiritually discerned." 1 Corinthians 2:14

The above verse witnesses to us that the natural man is spiritually dead. The 'natural man' in Scripture is synonymous with the 'natural person' as defined in man's laws:

Natural Person: "Any human being who as such is a legal entity as distinguished from an artificial person, like a corporation, which derives its status as a legal entity from being recognized so in law. Natural Child: "The ordinary euphemism for 'bastard' or illegitimate." Amon v. Moreschi, 296 N.Y. 395, 73 N.E.2d 716." Max Radin, Radin's Law Dictionary,1955, p. 216.

"'Natural Person' means human being, and not an artificial or juristic person." Shawmut Bank, N.A. v. Valley Farms, 610 A. 2d. 652, 654; 222 Conn. 361.

Those that are spiritually dead belong to the prince of this world because he's dead himself. Satan has dominion over the natural man, for he is the prince of this world (John 12:31; 14:30; 16:11); and, as a consequence of this, he has dominion over those of the world, i.e., human beings, the natural man – those who receive not the things of the Spirit of God and reject Christ. Because the bondman in Christ is sanctified from the world, he is separated from the adversary's dominion over him–sin (John 8:34). This is the cause for Christ having sanctified Himself in the Truth of the Word of God – to provide the entrance to the refuge in and through Himself for us.
Webster’s Dictionary, 1828
NATURAL, adjective [to be born or produced]

1. Pertaining to nature; produced or effected by nature, or by the laws of growth, formation or motion impressed on bodies or beings by divine power. Thus we speak of the natural growth of animals or plants; the natural motion of a gravitating body; natural strength or disposition; the natural heat of the body; natural color; natural beauty. In this sense, natural is opposed to artificial or acquired.

2. According to the stated course of things. Poverty and shame are the natural consequences of certain vices.

3. Not forced; not far fetched; such as is dictated by nature. The gestures of the orator are natural

4. According to the life; as a natural representation of the face.

5. Consonant to nature.
Fire and warmth go together, and so seem to carry with them as natural an evidence as self-evident truths themselves.

6. Derived from nature, as opposed to habitual. The love of pleasure is natural ; the love of study is usually habitual or acquired.

7. Discoverable by reason; not revealed; as natural religion.

8. Produced or coming in the ordinary course of things, or the progress or animals and vegetables; as a natural death; opposed to violent or premature.

9. Tender; affectionate by nature.

10. Unaffected; unassumed; according to truth and reality.
What can be more natural than the circumstances of the behavior of those women who had lost heir husbands on this fatal day?

11. Illegitimate; born out of wedlock; as a natural son.

12. Native; vernacular; as ones natural language.

13. Derived from the study of the works or nature; as natural knowledge.

14. A natural note, in music, is that which is according to the usual order of the scale; opposed to flat and sharp notes, which are called artificial.

NATURAL history, in its most extensive sense, is the description of whatever is created, or of the whole universe, including the heavens and the earth, and all the productions of the earth. But more generally, natural history is limited to a description of the earth and its productions, including zoology, botany, geology, mineralogy, meteorology, _ c.

NATURAL philosophy, the science of material natural bodies, of their properties, powers and motions. It is distinguished from intellectual and moral philosophy, which respect the mind or understanding of man and the qualities of actions. natural philosophy comprehends mechanics, hydrostatics, optics, astronomy, chimistry, magnetism, eletricity, galvanism, _ c.

NATURAL, noun

1. An idiot; one born without the usual powers of reason or understanding. This is probably elliptical for natural fool.

2. A native; an original inhabitant.

3. Gift of nature; natural quality.

Bouvier’s Dictionary of Law, 1856
NATURAL CHILDREN.

1. In the phraseology of the English or American law, natural children are children born out of wedlock, or bastards, and are distinguished from legitimate children; but in the language of the civil law, natural are distinguished from adoptive children, that is, they are the children of the parents spoken of, by natural procreation. See Inst. lib. 3, tit. 1, §2.

2. In Louisiana, illegitimate children who have been acknowledged by their father, are called natural children; and those whose fathers are unknown are contradistinguished by the appellation of bastards. Civ. Code of Lo. art. 220. The acknowledgment of an illegitimate child shall be made by a declaration executed before a notary public, in the presenee of two witnesses, whenever it shall not have been made in the registering of the birth or baptism of such child. Id. art. 221. Such acknowledgment shall not be made in favor of the children produced by an incestuous or adulterous connexion. Id. art. 222.

3. Fathers and mothers owe alimony to their natural children, when they are in need. Id. art. 256, 913. In some cases natural children are entitled to the legal succession, of their natural fathers or mothers. Id. art. 911 to 927.

4. Natural children owe alimony to their father or mother, if they are in need, and if they themselves have the means of providing it. Id. art. 256.

5. The father is of right the tutor of his natural children acknowledged by him; the mother is of right the tutrix of her natural child not acknowledged by the father. The natural child, acknowledged by both, has for tutor, first the father; in default of him, the mother. Id. art. 274. See 1 Bouv. Inst. n. 319, et seq.

NATURAL EQUITY. That which is founded in natural justice, in honesty and right, and which arises ex aequo et bono. It corresponds precisely with the definition of justice or natural law, which is a constant and perpetual. will to give to every man what is his. This kind of equity embraces so wide a range, that human tribunals have never attempted to enforce it. Every code of laws has left many matters of natural justice or equity wholly unprovided for, from the difficulty of framing general rules to meet them, from the almost impossibility of enforcing them, and from the doubtful nature of the policy of attempting to give a legal sanction to duties of imperfect obligation, such as charity, gratitude, or kindness. 4 Bouv. Inst. n. 3720.

NATURAL OBLIGATION, Civil law. One which in honor and conscience binds the person who has contracted it, but which cannot be enforeed in a court of justice. Poth. n. 173, and n. 191. See Obligation.

NATURAL PRESUMPTIONS, evidence. Presumptions of fact; those which depend upon their own form and efficacy in generating belief or conviction in the mind, as derived from those connexions which are pointed out by experience; they are independent of any artificial connexions, and differ from mere presumptions of law in this essential respect, that the latter depend on and are a branch of the particular system of jurisprudence to which they belong; but mere natural presumptions are derived wholly by means of the common experience of mankind, without the aid or control of any particular rule of law, but simply from the course of nature and the habits of society. These presumptions fall within the exclusive province of the jury, who are to pass upon the facts. 3 Bouv. Inst. n. 3064; Greenleaf on Ev. §44.

NATURAL DAY. That space of time included between the rising and the setting of the sun. See Day.

NATURAL FOOL. An idiot; one born without the reasoning powers, or a capacity to acquire them.

NATURAL FRUITS. The natural production of trees, bushes, and other plants, for the use of men and animals, and for the reproduction of such trees, bushes or plants.
2. This expression is used in contradistinction to artificial or figurative fruits; for example, apples, peaches and pears are natural fruits; interest is the fruit of money, and this is artificial.
WEX Legal Dictionary
Natural born citizen

A phrase denoting one of the requirements for becoming President or Vice-President of the United States. Anyone born after the adoption of the U.S. Constitution in 1787 must be a "natural born Citizen" of the United States to constitutionally fill the office of President or Vice-President. See U.S. Const. art. II, § 1; id. at amend. XII.
Some debate exists as to the meaning of this phrase. Consensus exists that anyone born on U.S. soil is a "natural born Citizen." One may also be a "natural born Citizen" if, despite a birth on foreign soil, U.S. citizenship immediately passes from the person's parents.
Natural person

A living human being. Legal systems can attach rights and duties to natural persons without their express consent.
Natural law

1. The physical laws of nature.
2. A philosophical theory claiming to derive moral and legal principles from a set of universal truths about people and justice.
Maxims
Natural equity or good faith do not allow us to demand twice the payment of the same thing.

It is very natural that an obligation should not be dissolved but by the same principles which were observed in contracting it.

Nothing is more conformable to natural equity, than to confirm the will of an owner who desires to transfer his property to another.

All men are equal before the natural law.

What belongs to no one, naturally belong to the first occupant.

It is natural that he who bears the charge of a thing, should receive the profits.
Kane & Miller Friedenthal said:
The right of juries to decide questions of law was widely accepted in the colonies, especially in criminal cases. Prior to 1850, the judge and jury were viewed as partners in many jurisdictions. The jury could decide questions of both law and fact, and the judge helped guide the decision-making process by comments on the witnesses and the evidence. Legal theory and political philosophy emphasized the importance of the Jury in divining natural law, which was thought to be a better source for decision than the “authority of black letter maxim.” Since natural law was accessible to lay people, it was held to be the duty of each juror to determine for himself whether a particular rule of law embodied the principles of the higher natural law. Indeed, it was argued that the United States Constitution embodied a codification of natural rights so that “the reliance by the jury on a higher law was usually viewed as a constitutional judgment.”
Thomas Jefferson said:
Our legislators are not sufficiently appraised of the rightful limits of their power; that their true office is to declare and enforce our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him; every man is under the natural duty of contributing to the necessities of the society; and this is all the laws should enforce on him; and, no man having the right to be the judge between himself and another, it is his natural duty to submit to the umpirage of an impartial third [party]. When the laws have declared and enforced all this, they have fulfilled their functions; and the idea is quite unfounded, that on entering into society we give up any natural right. The natural progress of things is for liberty to yield and government to gain ground.
No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him.
Sir Fulke Greville said:
Whatever natural right men may have to freedom and independency, it is manifest that some men have a natural ascendency over others.
Alexander Hamilton said:
The fundamental source of all your errors, sophisms, and false reasonings, is a total ignorance of the natural rights of mankind. Were you once to become acquainted with these, you could never entertain a thought, that all men are not, by nature, entitled to a parity of privileges. You would be convinced, that natural liberty is a gift of the beneficent Creator, to the whole human race; and that civil liberty is founded in that; and cannot be wrested from any people, without the most manifest violation of justice. Civil liberty is only natural liberty, modified and secured by the sanctions of civil society. It is not a thing, in its own nature, precarious and dependent on human will and caprice; but it is conformable to the constitution of man, as well as necessary to the well-being of society.
Lysander Spooner:
“Honesty, justice, natural law, is usually a very plain and simple matter, easily understood by common minds. Those who desire to know what it is, in any particular case, seldom have to go far to find it. It is true, it must be learned, like any other science. But it is also true that it is very easily learned. …
“Children learn the fundamental principles of natural law at a very early age. Thus they very early understand that one child must not, without just cause, strike or otherwise hurt, another; that one child must not assume any arbitrary control or domination over another; that one child must not, either by force, deceit, or stealth, obtain possession of anything that belongs to another; that if one child commits any of these wrongs against another, it is not only the right of the injured child to resist, and, if need be, punish the wrongdoer, and compel him to make reparation, but it is also the right, and the moral duty, of all other children, and all other persons, to assist the injured party in defending his rights, and redressing his wrongs. These are fundamental principles of natural law, which govern the most important transactions of man with man. Yet children learn them earlier than they learn that three and three are six, or five and five are ten. Their childish plays, even, could not be carried on without a constant regard to them; and it is equally impossible for persons of any age to live together in peace on any other conditions.”
[F]or everybody has a natural right to defend his own person and property against aggressors, but also to go to the assistance and defence of everybody else, whose person or property is invaded. The natural right of each individual to defend his own person and property against an aggressor, and to go to the assistance and defence of every one else whose person or property is invaded, is a right without which men could not exist on earth.
Marcus Tullius Cicero said:
Natural ability without education has more often raised a man to glory and virtue than education without natural ability.
There exists a law, not written down anywhere, but inborn in our hearts, a law which comes to us not by training or custom or reading, a law which has come to us not from theory but from practice, not by instruction but by natural intuition. I refer to the law which lays down that, if our lives are endangered by plots or violence or armed robbers or enemies, any and every method of protecting ourselves is morally right.
Johann Wolfgang von Goethe:
The unnatural, that too is natural.
Alexander Hamilton:
The fundamental source of all your errors, sophisms and false reasonings is a total ignorance of the natural rights of mankind. Were you once to become acquainted with these, you could never entertain a thought, that all men are not, by nature, entitled to a parity of privileges. You would be convinced, that natural liberty is a gift of the beneficent Creator to the whole human race, and that civil liberty is founded in that; and cannot be wrested from any people, without the most manifest violation of justice.

A fondness for power is implanted, in most men, and it is natural to abuse it, when acquired.
Albert Jay Nock:
The State, both in its genesis and by its primary intention, is purely anti-social. It is not based on the idea of natural rights, but on the idea that the individual has no rights except those that the State may provisionally grant him. It has always made justice costly and difficult of access, and has invariably held itself above justice and common morality whenever it could advantage itself by so doing.
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Re: Nature - Natural - Naturalize

Post by notmartha » Fri Jan 01, 2016 1:29 pm

Naturalize

Bouvier’s Dictionary of Law, 1856
NATURALIZATION.

. The act by which an alien is made a citizen of the United States of America.

2. The Constitution of the United States, art. 1, s. 8, vests in congress the power " to establish an uniform rule of naturalization." In pursuance of this authority congress have passed several laws on this subject, which, as they are of general interest, are here transcribed as far as they are in force.

3. 1. An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject. Approved Aprill 14, 1802. 7 Hill, 137.
§1. Be it enacted, &c, That any alien, being a free white person, may be admitted to become a citizen of the United States, or any of them, on the following conditions, and not otherwise: First, That be shall have declared, on oath or affirmation, before the supreme, superior, district, or circuit court, of some one of the states, or of the territorial districts of the United States, or a circuit or district court of the United States, three years at least before his admission, that it was, bona fide, his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, whatever, and particularly, by name, the prince, potentate, state or sovereignty, whereof such alien may, at the time, be a citizen or subject. Secondly, That he shall, at the time of bis application to be admitted, declare, on oath or affirmation, before some one of the courts aforesaid, that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty, whatever, and particularly, by name, the prince, potentate, state, or sovereignty, whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. Thirdly, That the court admitting such alien shall be satisfied that he has resided within the United States five years, at least, and within the state or territory where such court is at the time held, one year at least; and it shall further appear to their satisfaction, that, during that time, he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same:

4. Provided, That the oath of the applicant shall, in no case, be allowed to prove his residence. Fourthly, That in case the alien, applying to be admitted to citizenship, shall have borne any hereditary title, or been of any of the orders of nobility, in the kingdom or state from which he came, he shall in addition to the above requisites, make a express renunciation of his title or order of nobility, in the court to which his application shall be made, which renunciation shall be recorded in the said court:

5. Provided, That no alien, who shall heretofore passed on that subject. Approved April 14, 1802. 7 Hill, 137. §1. Be it enacted, &c. That any alien, being a free white person, may be admitted to become a citizen of the United States, or any of them, on the following conditions, and not otherwise: First, That he shall have declared, on oath or affirmation, before the supreme, superior, district, or circuit court, of some one of the states, or of the territorial districts of the United States, or a circuit or district court of the United States, three years at least before his admission, that it was, bona fide, his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, whatever, and particularly, by name, the prince, potentate, state or sovereignty, whereof such alien may, at the time, be a citizen or subject. Secondly, That be shall, at the time of bis application to be admitted, declare, on oath or affirmation, before some one of the courts aforesaid, that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty, whatever, and particularly, by name, the prince, potentate, state, or sovereignty, whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. Thirdly, That the court admitting such alien shall be satisfied that he has resided within the United States five years, at least, and within the state or territory where such court is at the time held, one year at least; and it shall further appear to their satisfaction, that, during that time, he has behaved as a man of good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order and happiness of the same:
5. Provided, That no alien, who shall be a native citizen, denizen, or subject, of any country, state, or sovereign, with whom the United States shall be at war, at the time of his application, shall be then admitted to be a citizen of the United States:

6. Provided, also, That any alien who was residing within the limits, and under the jurisdiction, of the United States, before the twenty ninth day of January, one thousand seven hundred and ninety five, may be admitted to become a citizen, on due proof made to some one of the courts aforesaid, that he has resided two years, at least, within and under the jurisdiction of the United States, and one year, at least, immediately preceding his application within the state or territory where such court is at the time held; and on bis declaring on oath, or affirmation, that he will support the constitution of the United States, and that be doth absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, whatever, and particularly, by name, the prince, potentate, state, or sovereignty, whereof he was before a citizen or subject; and, moreover, on its appearing to the satisfaction of the court, that, during the said term of two years, he has behaved as a man of good moral cbaracter, attached to the constitution of the United States, and well disposed to the good order and happiness of the same; and where the alien, applying, for admission to citizenship, shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which be came, on his moreover making in the court an express renunciation of his title or order of nobility, before he shall be entitled to such admission: all of which proceedings, required in this proviso to be performed in the court, shall be recorded by the clerk thereof:

7. And provided, also, That any alien who was residing within the limits, and under the jurisdiction, of the United States, at any time between the said twenty ninth day of January, one thousand seven hundred and ninety five, and the eighteenth day of June, one thousand seven hundred and ninety eight, may, within two years after the passing of this act, be admitted to become a citizen, without a compliance with the first condition above specified.

8. §3. And whereas, doubts have arisen whether certain courts of record, in some of the states, are included within the description of district or circuit courts: Be it further enacted, That every court of record in any individual state, having common law jurisdiction, and a seal, and clerk or prothonotary, shall be considered as a district court within the meaning of this act; and every alien, who may have been naturalized in any such court, shall enjoy, from and after the passing of the act, the same rights and privileges, as if he had been naturalized in a district or circuit court of the United States.

9. §4. That the children of persons duly naturalized under any of the laws of the United States, or who, previous to the passing of any law on that subject by the government of the United States, may have become citizens of any one of the said states, under the laws thereof, being under the age of twenty one years, at the time of their parents' being so naturalized or admitted to the rights of citizenship, shall, if dwelling in the United States, be considered as citizens of the United States; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens of the United States:

10. Provided, That the right of citizenship shall not descend to persons whose fathers have never resided within the United States:

11. Provided also, That no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the late war, shall be admitted a citizen, as aforesaid, without the consent of the legislature of the state in which such person was proscribed.

12. §5. That all acts heretofore passed respecting naturalization, be, and the same are hereby repealed.

13. 2. An act in addition to an act, entitled " An act to establish an uniform rule of naturalization; and to repeal the acts heretofore passed 'on that subject." Approved March 26, 1804.

14. §1. 'Be it enacted, &c. That any alien, being a free white person, who was residing within the limits, and under the jurisdiction of the United States, at any time between the eighteenth day of June, one thousand seven hundred and ninety eight, and the fourteenth day of April, one thousand eight hundred and two, and who has continued to reside within the same, may be admitted to become a citizen of the United States, without a compliance with the first condition specified in the first section of the act, entitled " An act to establish an uniform rule of naturalization, and to repeal tile acts heretotore passed on that subject."

15. §2. That when any alien who shall have complied with the first condition specified in the first section of the said orginal act, and who shall have pursued the directions prescribed in the second section of the said act, may die, before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States; and shall be entitled to all the rights and privileges as such, upon taking the oaths prescribed by law.

16. 3. An act for the regulation of seamen on board the public and private vessels of the United States.

17. §12. That no person who shall arrive in the United States, from and after the time when this act shall take effect, shall be admitted to become a citizen of the United States, who shall not, for the continued term of five years, next precediug his admission as aforesaid, have resided within tlie United States, without being, at any time during the said five years, out of the territory of the United States. App. March 3, 1813.

18. 4. An act supplementary to the acts heretofore passed on tlie subject of an uniform rule of naturalization. App. July 30, 1813.

19. §1. Be it enacted, &c. That persons resident within the United States, or the territories thereof, on the eighteenth day of June, in the year one thousand eight hundred and twelve, who had, before that day, made a declaration, according to law, of their intentions to become citizens of the United States, or who, by the existing laws of the United States, were, on that day, entitled to becoine citizens without making such declaration, may be admitted to become citizens thereof" notwithstanding they shall be alien enemies, at the time and in the manner prescribed by the laws heretofore passed on the subject: Provided, That nothing herein contained shall be taken or construed to interfere with, or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the naturalization of such alien.

20. 5. An act relative to evidence in case of naturalization. App. March 22, 1816.

21. §2. That nothing herein contained shall be construed to exclude from admission to citizenship, any free white person who was residing within the limits and under the jurisdiction of the United States at any time between the eighteenth day of June, one thousand seven hundred and ninety eight, and the fourteenth day of April, one thousand eight hundred and two, and who, having continued to reside therein, without having made any declaration of intention before a court of record as aforesaid, may be entitled to become a citizen of the United States according to the act of the twenty sixth of March, one thousand eight hundred and four, entitled "An act in addition to an act, entitled 'An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject.' "Whenever any person, without a certificate of such declaration of intention, as aforesaid, shall make application to be admitted a citizen of the United States, it shall be proved, to the satisfaction of the court, that the applicant was residing within the limits and under the jurisdiction of tlie United States before the fourteenth day of April one thousand eight hundred and two, and has continued to reside within tlie same, or be shall not be so admitted. And the residence of the applicant within the limits and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, shall be proved by the oath or affirmation of citizens of the United States; which citizens shall be named in the record as witnesses. And such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years, as aforesaid, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States.

22. 6. An act in further addition to "An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject." App. Ma 26, 1824.

23. §1. Be it enacted, &c. That an alien, being a free white person and a minor under the age of twenty one years, who shall have resided in the United States three years next preceding his arriving at the age of twenty one years, and who shall have continued to reside therein to the time be way make application to be admitted a citizen thereof, may, after he arrives at the age of twenty one years, and after be shall have resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration required in the first condition of the first section of the act to which this is an addition, three years previous to his admission.

24. Provided, such alien shall make the declaration required therein at the time of his or her admission; and shall further declare, on oath, and prove to the satisfaction of the court, that, for three years next preceding, it has been the bona fide intention of such alien to become a citizen of the United States; and shall, in all other respects, comply with the laws in regard to naturalization.

25. §2. That no certificates of citizenship, or naturalization, heretofore obtained from any court of record within the United States, shall be deemed invalid, in consequence of an omission to comply with the requisition of the first section of the act, entitled " An Act relative to evidence in cases of naturalization," passed the twenty second day of March, one thousand eight hundred and sixteen.

26. §8. That the declaration required by the first condition specified in the first section of the act, to which this is an addition, shall, if the same shall be bona fide, made before the clerks of either of the courts in the said condition named, be as valid as if it had been made before the said courts, respectively.

27. §4. That a declaration by any alien, being a free white person, of his intended application to be admitted a citizen of the United States, made in the manner and form prescribed in the first condition specified in the first section of the act to which this is an addition, two years before his admission, shall be a sufficient compliance with said condition; anything in the said act, or in any subsequent act, to the contrary notwithstanding.

28. 7. An mot to amend the acts concerning naturalization. App. May 24, 1828.

29. §1. Be it enacted, &c. That the second section of the act, entitled "An act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject," which was passed on the fourteenth day of April, one thousand eight hundred and two, and the first section of the act, entitled " An act relative to evidence in cases of naturalization," passed on the twenty second day of March, one thousand eight hundred and sixteen, be, and the same are hereby repealed.

30. §2. That any alien, being a free white person, who has resided within the Iimits and under the jurisdiction of the United States, between the fourteenth day of April, one thousand eight hundred and two, and the eighteenth day of June, one thousand eight hundred and twelve, and who has continued to reside within tbe same, may be admitted to become a citizen of the United States, without having made any previous declaration of his intentimn to become a citizen:

31. Provided, That whenever any person without a certificate of such declaration of intention, shall make application to be admitted a citizen of the United States, it shall be proved to the satisfaction of the court, that the applicant was residing within the limits, and under the jurisdiction of the United States, before the eighteenth day of June, one thousand eight hundred and twelve, and has continued to reside within the same, or he shall not be so admitted; and the residence of the applicant within the limits and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, shall be proved by the oath or affirmation of citizens of the United States, which citizens shall be named in the record as witnesses; and such continued residence within the limits and under the jurisdiction of the United States when satisfactorily proved, and the place or places where the applicant has resided for at least five years as aforesaid, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States.

NATURALIZED CITIZEN.

1. One who, being born an alien, has lawfully become a citizen of the United States Under the constitution and laws.

2. He has all the rights of a natural born citizen, except that of being eligible as president or vice president of the United States. In foreign countries he has a right to be treated as such, and will be so considered even in tlie country of his birth, at least for most purposes. 1 Bos. & P. 430. See Citizen; Domicil; Inhabitant.
Black's Law Dictionary, 1st Edition, 1891
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WEX Legal Dictionary
Naturalization

Naturalization refers to conferring U.S. citizenship after birth upon someone who lacks U.S. citizenship. To be eligible for naturalization, an applicant must have reached the age of 18. Neither states nor Congress may abridge the right of an alien to become a naturalized U.S. citizen based upon the applicant's race, sex, or marital status. Applicants bear the burden of proving by a preponderance of the evidence that they have met every eligibility requirement.
One element involves an English literacy test. The applicant must demonstrate some comprehension in understanding, speaking, reading, and writing the English language unless the applicant suffers from a disability that prevents compliance with this requirement. Additionally, the applicant must demonstrate some knowledge regarding basic United States history and some knowledge regarding the governmental system within the United States. The disability exemption applies to this civics requirement as well.

A second element requires the applicant to have previously lived lawfully within the United States for at least five years. During those five years, the alien must have remained physically present within the country for at least half of that time. Illegal immigrants cannot later become naturalized U.S. citizens.

Third, the applicant must demonstrate good moral character. The Bureau of Citizenship and Immigration Services evaluates moral character within the context of a given community, comparing the applicant's record to the record of the average citizen residing therein.

Fourth, applicants must show a basic acceptance for the United States' form of government, which is typically referred to as "attachment" to the Constitution. An attachment to the Constitution means that the applicant will not try to effect political change through violence or infringe upon the rights and liberties of other U.S. citizens. The Bureau may disqualify applicants with histories that affiliate them with the Communist Party and other authoritarian regimes.

Fifth, naturalization requires applicants to have a favorable disposition toward the United States.
Courts generally apply a rebuttable presumption that applicants have good moral character, an attachment for the Constitution, and a favorable disposition toward the United States. While mental incompetency during the statutory period does not per se exclude an applicant, the Bureau of Citizenship and Immigration Services may use the mental health history as evidence against the legal presumption that the applicant has good moral character, attachment to the principles of the United States Constitution, and a favorable disposition toward the United States.
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