Code Breaker; The 83 Equation
Code Breaker; The 83 Equation
Begin 1994 version of Code Breaker; The § 83 Equation . Updates are in the epilogue .
TANGIBLE AND INTANGIBLE PROPERTY
The following definition of the term "property" is taken from Black's Law Dictionary, Sixth Edition.
Property. That which is peculiar or proper to any person; that which belongs exclusively to one. In the strict legal sense, an aggregate of rights which are guaranteed and protected by the government. (Cite omitted) The term is said to extend to every species of valuable right or interest. More specifically, ownership; the unrestricted and exclusive right to a thing; the right to dispose of a thing in every legal way, to possess it, to use it, and to exclude everyone else from interfering with it. That dominion or indefinite right of use or disposition which one may lawfully exercise over particular things or subjects. The exclusive right of possessing, enjoying, and disposing of a thing. The highest right a man can have to anything; being used to refer to that right which one has to lands or tenements, goods or chattels, which no way depends on another man's courtesy.
The word is also commonly used to denote everything which is the subject of ownership, corporeal or incorporeal, tangible or intangible, visible or invisible, real or personal; everything that has an exchangeable value or which goes to make up wealth or estate. It extends to every species of valuable right or interest, and includes real and personal property, easements, franchises, and incorporeal hereditaments, and includes every invasion of one's property rights by an actionable wrong. (Cite omitted)
Property, within constitutional protection, denotes group of rights inhering in citizen's relation to physical thing, as right to possess, use and dispose of it. (Cite omitted)
Goodwill is property; as is an insurance policy and rights incident thereto, including rights to the proceeds. (Cite omitted)
Intangible property. Property which cannot be touched because it has no physical existence such as claims, interests, and rights.
Personal property. In a broad general sense, everything that is the subject of ownership, not coming under denomination of real estate. A right or interest in things personal, or right or interest less than a freehold in realty, or any right or interest which one has in things movable. Personal property includes money, goods, chattels, things in action, and evidences of debt. (Calif.Evid.Code)
Black's Fifth Edition - Criminal code. "Property" means anything of value, including real estate, tangible and intangible personal property, contract rights, choses in action and other interests in or claims to wealth... (Cite omitted)
It should now be clear that "property" is not so much the object of ownership as it is the rights to that object. Indeed, "property" could easily be construed to include a person's rights themselves. Can you find a way to exclude labor from this definition of "property"? Isn't it true that you can decide where your labor will or will not be expended? Yes. Isn't it true that nobody can make you labor where you do not wish to? Isn't it true that labor has an exchangeable worth? What does the Supreme Court have to say about labor?
"In principle, there can be no difference between the case of selling labor and the case of selling goods." Adkins v. Childrens Hospital , 261 U.S. 525, 558 (1922).
Does Congress share this opinion of labor, that it is "property"? And if Congress DOES agree, have they provided for it in the Code? Yes.
§ 7701(e)(1) In general.- A contract which purports to be a service contract shall be treated as a lease of property . . .
Why would a service contract be a lease of property if services (labor