A Petition for the Reinstatement of Gaia Cassia Longina as a Citizen of the Res Publica Romana

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Re: A Petition for the Reinstatement of Gaia Cassia Longina as a Citizen of the Res Publica Romana

Postby Publius Iunius Brutus » Sun Apr 30, 2017 5:08 am

Gaius Florius Lupus wrote:Tribune Camillus proposal is probably the best way to go in this case.

However there is something that I do not understand in general: Why do citizens need to be members of this corporation? I thought the Republic is independent from it. We want to be a community of all Romans, not members of a Canadian non profit corporation. Most of us do not even fall under Canadian jurisdiction due to lack of Canadian citizenship or residency. Canadian laws do not reach beyond the border.

Citizenship should be forever without the possibility of resignation. In ancient Rome nobody could be stripped of his citizenship or resign it. Not even a proscription made him a non-citizen.
The Roman-Catholic Church, the last institution of the Roman Empire, has also no way that somebody can become a Non-Roman-Catholic. Once baptized, it is forever. One can be excommunicated, but remains Catholic (i.e. Roman). If one decides to return to the Church, it is not possible to get baptized again. One needs to follow canonical law to receive absolution and reenter communion.

We should aim for having a register of all Romans, not a list of members of an association. If Cassia returns, she is still the same human being. How can she be a different Roman citizen? This is not an RPG where the in-game character gets killed and you simply create a new one and start over.
We are administrating Romanitas, the Roman nation, not an association or a corporation. The corporation is only an institution within our Republic. It is not the Republic and not the Roman nation.

Brutus sal.

The answer for why all citizens are members are simple. You can't be subject to the regulations of the corporation if not a member. This system only works because we have protocols which mediate conflict and balance power across regions, interests and personalities.

Also Canada does not exist in isolation. So being an overseas member of the corp based in Canada still holds international ramifications.

This was the advice our legal counsel gave us upon writing the bylaws.
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Re: A Petition for the Reinstatement of Gaia Cassia Longina as a Citizen of the Res Publica Romana

Postby Gaius Florius Lupus » Mon May 01, 2017 11:34 am

The corporation is part of the Republic, but the Republic is not part of the corporation.

The current by-laws are not correct. The citizens are not members of the corporation, only the lictores are. The corporation is only a tool. It is where the treasury is stored and where the assets are legally held. The citizens do not hold any share of the assets. They are also not subject to Canadian law. Someone who is no citizen, is not physically present and holds no property in a country does not fall under its jurisdiction. This is a general problem with our organizational structure that I have pointed out several times.

The corporation is not the umbrella organization of the Republic. The corporation supports the Republic. The citizens are not members and not bound by the by-laws. Therefore the Republic can decide to proceed in Cassia's case as we see fit. Corporative by-laws are irrelevant.

The easiest way to point out the flaw in thinking is by comparing our situation with the Catholic Church. As I was told, when we had this discussion for the first time, the Church has the status of a corporation in some countries. So, if the Catholic Church in Canada has the status of a Canadian non-profit corporation, then only Canadian Catholics can be member of it, not Italian Catholics or French Catholics. They are either members of the corresponding NPC in their country, or there is no such corporation at all in their home country.
In fact the normal Canadian Catholics would probably not be members of this Canadian NPC at all, only the Canadian Church administration would.

We are an international community. To organize us under a national NPC is not possible. The only thing that is possible is that we, the Republic, recognize the Canadian NPC as holding of our assets.
There are citizens from countries that have no bilateral agreements with Canada. We cannot force them under Canadian jurisdiction. International law does not allow for this. If we get bigger, we might consider forming other NCOs in other countries for the citizens living there. This is how the Church is organized and how even multinational corporations are organized.
The Coca Cola Company for example has separate national companies in different countries where they operate. The mother company only holds shares in the national branch. So when Coca Cola Kenya goes bankrupt the mother company loses only its shares in this local company. The national company is only subject to the laws of its own country, not to the laws of the mother company in the U.S. Employees in Coca Cola Kenya are not employees of the mother company in the U.S. The same is true for our citizens. We are not and we cannot be members of the Canadian NCO. Only the laws of our Republic apply to us, not automatically the by-laws of the NCO. But the Republic can choose to have laws that are in accordance with the by-laws of the NCO.
However the by-laws of this NCO cannot be used as an argument in the case of Cassia Longina as a citizen and magistrate. They can however be used in the case of Cassia as a lictor.
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