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Honor and Dishonor

This is the most important aspect of the law. In law, "Honor" or "Dishonor" is a process. It is what is done in response to a presentment. Throughout the entire process you must be in honor. This applies to everything you do in the legal process. To act with dishonor toward the other person is the highest sin in any system of law.

High Principles

"In ancient times, honor was the manner of being that we now describe as having integrity. In plain language, an honorable person avoids deception whenever possible, treats others with respect and sticks to her beliefs no matter how others think or act."

"Personal integrity; allegiance to moral principles." wordia.com

"The ultimate measure of a man is not where he stands in moments of comfort, but where he stands at times of challenge and controversy." ~Martin Luther King, Jr.

"The difference between a moral man and a man of honor is that the latter regrets a discreditable act, even when it has worked and he has not been caught."

In Practice

3 ways to honor a presentment

1. Accord & Satisfaction

2. Conditional Acceptance

3. Rejection Without Dishonor

2 ways to dishonor a presentment

1. Argument

2. Silence

Note: In practice, after party "John Smith" makes a presentment, Party "John Doe" does one of the following:

Honor

1. Accord & Satisfaction: John Doe Honors by accepting the presentment without recourse, and then satisfies whatever is demanded in the presentment. Example: John Smith presents a bill for services; John Doe pays the bill.

2. Conditional Acceptance: John Doe Honors by accepting the presentment but with conditions. Effectively, that is a counteroffer from John Doe to John Smith. [John Smith would then accept the counteroffer as a new presentment from John Doe.] Example: John Smith offers his house for sale; John Doe accepts the offer provided that the house is first painted.

3. Rejection without dishonor: John Doe rejects the presentment because it is defective. Example: John Smith presents a bill for services; John Doe returns the bill because there is an error (perhaps the price is wrong), but will accept the bill once the error is corrected.

Dishonor

Argument: John Doe rejects (dishonors) the bill. There is no basis for rejecting the bill; the arguments have no relevency to the presentment. Often, ad hominems (irrelevant comments against John Smith) accompany the rejection.

Silence: John Doe simply does not respond to the presentment, but remains silent. The presentment is thus dishonored.

Procedure

Before Going to Court

John Smith makes a presentment to John Doe. If John Doe honors the presentment, John Smith acts accordingly. So long as each party honors the other's presentments, the process can move forward to resolution.

If John Doe dishonors John Smith, then John Smith grants grace and repeats the presentment.

If John Doe dishonors John Smith a second time, John Smith then makes an affidavit of the history of presentments. The affidavit is given to a notary pubpc. The notary is requested to make, in behalf of John Smith, a formal presentment to John Doe.

If John Doe dishonors the presentment, the notary grants grace and repeats the presentment.

If John Doe dishonors the notary a second time, the notary makes a certified history of the presentments. The history is given to John Smith.

At this point John Smith's and John Doe's administrative process is complete. The affidavit of AB along with the certificate of the notary, now becomes the basis for a court action against John Doe.

In Court

You can think of the court process as a formal series of presentments. Each time a presentment is made (i.e. a court paper is filed), the responding party has an opportunity to honor or dishonor the presentment. The response, whether honorable or dishonorable, in turn becomes a presentment. Your objective is to never dishonor the other party's presentment. If the other party persists in argument or silence, you can stay in honor by refusing his arguments for cause, stating the cause, and giving him an opportunity to cure the defects. If he refuses to stop arguing, you stay in honor as he continues in dishonor.

Parens Patriae

Parens Patriae originates from the English common law where the King had a royal prerogative to act as guardian to persons with legal disabilities such as infants, idiots and lunatics. In the United States, the parens patriae function belongs with the states.

At least in theory, two reasonable but contending people will honor each other and attempt to resolve the problem at hand. In actual practice, often one or the other or both will act in dishonor.

If both are acting in honor, the court has nothing to decide, for the parties will work it out together. If one of the parties is in dishonor, then the court must look with favor toward the person who is in honor. If both parties are acting in dishonor, the doctrine of parens patriae becomes effective.

When both parties are in dishonor, either because they are arguing or confused or silent, the state now has full power to invoke parens patriae to control the affairs of the apparently incompetent litigants (idiots).

Presentment

a: The act of presenting to view or consciousness         

b: something set forth, presented, or exhibited

c: the aspect in which something is presented."

A presentment occurs when something is brought to your attention. For example, you are given a bill for services. Or, you are accused of causing some harm. Or, you are notified of a situation.

 

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