Associate / Association

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Associate / Association

Post by notmartha » Sun Feb 05, 2017 1:44 pm

Associate / Association

See also Society and Entity.


BIBLE

KJV References:

Rāʿaʿ, Hebrew Strong's #7489, is found 83 times in the Old Testament. It is translated as evil (20), evildoer (10), hurt (7), wickedly (5), worse (5), afflict (5), wicked (4), break (3), doer (3), ill (3), harm (3), displease (2), miscellaneous translations (13). It is translated as “associate” in the following verse:
Isaiah 8:9-15 - Associate yourselves, O ye people, and ye shall be broken in pieces; and give ear, all ye of far countries: gird yourselves, and ye shall be broken in pieces; gird yourselves, and ye shall be broken in pieces. Take counsel together, and it shall come to nought; speak the word, and it shall not stand: for God is with us. For the LORD spake thus to me with a strong hand, and instructed me that I should not walk in the way of this people, saying, Say ye not, A confederacy, to all them to whom this people shall say, A confederacy; neither fear ye their fear, nor be afraid. Sanctify the LORD of hosts himself; and let him be your fear, and let him be your dread. And he shall be for a sanctuary; but for a stone of stumbling and for a rock of offence to both the houses of Israel, for a gin and for a snare to the inhabitants of Jerusalem. And many among them shall stumble, and fall, and be broken, and be snared, and be taken.
Weymouth New Testament in Modern Speech, Richard Francis Weymouth, 1913
2 Corinthians 6:14 - Do not come into close association with unbelievers, like oxen yoked with asses. For what is there in common between righteousness and lawlessness? Or what partnership has light with darkness?
"Christian Palladium", 1840, in The Centennial of Religious Journalism, 1908, Rev. Ira Allen
There are first or fundamental principles recognized in all associations, whether civil, political, ecclesiastical, or domestic. There are found in the laws of nature or revelation, or arise from human policy, interest, or expediency. The gospel establishes a new and distinct relation, and creates an association of heavenly origin. The principles upon which this union is based are a matter of revelation, and not of human policy. It is not for Christians to say how, and for what purpose they will unite, for these things are fixed by a higher power. Christians must unite on the principles of Christianity, or they cease to be Christians. For union is the sine qua non [*necessity] of the religion of Christ. Hence if union, or love, is wanting, religion is wanting, or is but an empty name [*Insertion added. This is the founding basis of all Christian Jural Societies. See also 44 Me. 505 (1859) and 10 Op.Atty.-Gen. 382 (1862).]
From The Christian Jural Society News, Unincorporated Associations and Religious Societies by Randy Lee

DEFINITIONS

Webster’s Dictionary of the English Language, 1828
ASSOCIA'TION, noun
1. The act of associating; union; connection of persons.
2. Union of persons in a company; a society formed for transacting or carrying on some business for mutual advantage; a partnership. It is often applied to a union of states or a confederacy.
3. Union of things; apposition, as of particles of matter.
4. Union or connection of ideas. An association of ideas is where two or more ideas constantly or naturally follow each other in the mind, so that one almost infallibly produces the other.
5. An exertion or change of some extreme part of the sensory residing in the muscles or organs of sense, in consequence of some antecedent or attendant fibrous contractions.
6. In ecclesiastical affairs, a society of the clergy, consisting of a number of pastors of neighboring churches, united for promoting the interests of religion and the harmony of the churches.
Bouvier’s Law Dictionary, 1856
ASSOCIATE.
This term is applied to a judge who is not the president of a court; as associate judge.

ASSOCIATION.
The act of a number of persons uniting together for some purpose; the persons so joined are also called an association. See Company.
Cyclopaedia of Political Science, Political Economy, and of the Political History of the United States, vol. 1, John Joseph Lalor, 1881

(entry on "association" is long so I'm posting as an attachment)
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Black’s Law Dictionary, 1st Edition, 1891
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The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
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WEX Legal Dictionary
Association
1. An organization of people that is not incorporated. In general, an association is not a separate entity from the persons who compose it. However, some laws may require associations to pay taxes, particularly if they have certain features that make it look like a corporation (e.g., central management, continuous existence, and some kind of limited liability that shields individual members from suit).
2. General description for the act of meeting people and sharing ideas (e.g., "freedom of association" under the First Amendment of the U.S. Constitution).

MISCELLANEOUS


Articles of Association, October 20, 1774.

http://memory.loc.gov/cgi-bin/query/r?ammem/hlaw:@field(DOCID+@lit(jc00137))
The foregoing association being determined upon by the Congress, was ordered to be subscribed by the several members thereof; and thereupon, we have hereunto set our respective names accordingly.
RESPUBLICA v. SWEERS 1 U.S. 41 (1779)
https://supreme.justia.com/cases/federa ... /case.html
The first exception was, 'that, at the time of the offence charged, the United States were not a body corporate known in law.' But the Court are of a different opinion. From the moment of their association, the United States necessarily became a body corporate; for, there was no superior from whom that character could otherwise be derived. In England, the king, lords, and commons, are certainly a body corporate; and yet there never was any charter or statute, by which they were expressly so created.
Baldwin, Mackay v. New York and N. H. R. Co. (1964), 72 Atl. 583, at 586.
"A private corporation may be defined as an association of persons to whom the sovereign has offered a franchise to become an artificial, juridical person, with a name of its own, under which they can act and contract, and sue and be sued, and who have accepted the offer and effected an organization in substantial conformity with its charter."
Chastain v. Baxter, 31 P.2d 21.
"Where the association is organized for commercial purposes, and operated for pecuniary profit, it is no more than a partnership, and the rights and liabilities incident to that relation attach to its members, as well between the members themselves."
Judge Abel Upshur, in The Federal Government: Its True Nature and Character (1840, St. Thomas Press, 1977).
"The name of our federation is not the Consolidated States, but the United States. A number of States held together by coercion, or the point of the bayonet, would not be a Union. Union is necessarily voluntary–the act of choice, free association. Nor can this voluntary system be changed to one of force without the destruction of 'the Union.' The Austrian Empire is composed of several States, as the Hungarians, the Poles, the Italians, etc., but it cannot be called a Union–it is Despotism. Is the relation between Russia and bayonet held Poland a Union? Is it not an insult and a mockery to call the compulsory relation between England and Ireland a Union? In all these cases there is only such a union as exist between the talons of the hawk and the dove, or between the jaws of the wolf and the lamb. A Union of States necessarily implies separate sovereignties, voluntarily acting together. And to bruise these distinct sovereignties into one mass of power is, simply, to destroy the Union–to overthrow our system of government."
Minor v. Happersett (1874), 12 Wall. 162, 166-167.
"To determine, then, who were citizens of the United States before the adoption of the [Fourteenth] amendment it is necessary to ascertain what persons originally associated themselves together to form the nation, and what were afterwards admitted to membership.

"Looking to the Constitution itself we find that it was ordained and established by the "people of the United States," and then going further back, we find that these were the people of the several States that had before dissolved the political bands which connected them with Great Britain, and assumed a separate and equal station among the powers of the earth, and that had by the Articles of Confederation and Perpetual Union, in which they took the name of "the United States of America," entered into a firm league of friendship with each other for their common defence, the security of their liberties and their mutual and general welfare, binding themselves to assist each other against all force offered to or attack made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.

"Whoever, then, was one of the people of either of these States when the Constitution of the United States was adopted, became ipso facto a citizen–a member of the nation created by its adoption. He was one of the persons associating together to form the nation, and was, consequently, one of its original citizens. As to this there has never been a doubt. Disputes have arisen as to whether or not certain persons or certain classes of persons were part of the people at the time, but never as to their citizenship."
Commonwealth v. Hunt, 4 Met. 111.
"An association may be formed, the declared objects of which are innocent and laudable, and yet they may have secret articles, or an agreement communicated only to the members, by which they are banded together for purposes injurious to the peace of society or the rights of its members. Such would undoubtedly be a criminal conspiracy, on proof of the fact, however meritorious and praiseworthy the declared objects might be. The law is not to be hoodwinked by colorable pretenses. It looks at truth and reality, through whatever disguise it may assume. But to make such an association, ostensibly innocent, the subject of prosecution as a criminal conspiracy, the secret agreement which makes it so is to be averred and proved as the gist of the offense."
Gareis' Science of Law, §15.
"Private law recognizes the following classes of juristic persons:

1. The state, or the governing social entity, in its private legal relations. In this respect the dominant entity does not authoritively represent its interests by virtue of its attribute of sovereignty. Its activity here is the same as that of any free Citizen in the state in the satisfaction of private economic necessities. In this activity a state is called the fiscus, or treasury, in contradistinction to the activity in which the state represents the public interests of the community by sovereign law in the governing sense (res publica).

2. Public communities within the state, which represent public interests; thus, municipalities, parishes, towns, provinces, and similar communities.

3. Aggregates of persons, such as associations (corporations) arising from joint concurrence or agreement, which have legal interests, in that the law gives them a legal position. According to the conditions of the legal recognition of their juristic personality such corporations (collegia, corpora) are: guilds and industrial fraternities, and those privileged aggregates of persons which are under state supervision (collegia sodalica); for example, the Roman collegia funeraticia, and modern associations for accident, age and health insurance . These associations under recognition have social objects as opposed to objects of the state or of individuals [eleemosynaries].

4. Associations for profit (societates quaestuariae), which the law specially invests with the capacity for having rights; thus, share companies, registered associations, and mining companies, in the modern law.

5. Churches, churchly associations and institutions .

6. Foundations, that is, complexes of property which are recognized by the law as holders of rights for the accomplishment of certain limited objects piae causae, etc."
Charge to the Grand Jury (1851), Fed. Cas No. 18,269, 30 Fed.Cas. 1024, 2 Curt. 630.
"Influential persons cannot form associations to resist the law by violence, excite the passions of ignorant and unreflecting, or desperate men, incite them to action, supply them with weapons, and then retire and await in safety the result of the violence which they themselves have caused. To permit this, would not only be inconsistent with sound policy, but with a due regard to the just responsibilities of men. The law does not permit it. They who have the wickedness to plan and incite and aid, and who perform any part however minute, are justly deemed guilty of this offense, though they are not present at the immediate scene of violence."
Selma & T.R.R. Co. v. Tipton (1843), 5 Alabama 787; 39 D. 344.
"An association suing as a corporation must prove its corporate existence."
Richard Bland, in the Inquiry, 1775.
"I have observed before, that when Subjects are deprived of their civil Rights, or are dissatisfied with the Place they hold in the Community, they have a natural Right to quit the Society of which they are members, and to retire to another Country. Now when Men exercise this Right, and withdraw themselves from their Country, they recover their natural Freedom and Independence: the Jurisdiction and Sovereignty of the State they have quitted ceases; and if they unite, and by common Consent take Possession of a new Country, and form themselves into a political Society, the become a sovereign State, independent of the State from which they separated. If then the subjects of England have a natural Right to relinquish their Country, and by retiring from it, and associating together, to form a new political Society and independent State, they must have a Right, by Compact with the Sovereign of the Nation, to remove into a new Country, and to form a civil Establishment upon the Terms of the Compact. In such a Case, the Terms of the Compact must be obligatory and binding upon the Parties; they must be the Magna Charta, the fundamental Principles of Government, to this new Society; and every Infringement of them must be wrong, and may be opposed."
Fletcher v. Clark, D.C. Wyo., 57 F.Supp. 479, 480." Black's Law Dictionary (4th ed., 1968), p. 156.
A 'business trust' is an 'association' when it has a continuing entity throughout trust period, centralized management, continuity of trust uninterrupted by death among beneficial owners, means for transfer of beneficial interests, and limitation of personal liabilities of participants to property embarked in undertaking.
Tracy v. Banker, 170 Mass. 266, 49 N.E. 308, 39 L.R.A. 508." Black's Law Dictionary (4th ed., 1968), p. 156.
'Association' has been held to include a common-law business or Massachusetts trust.

QUOTES

Alexander Hamilton, FEDERALIST No. 9:
The definition of a CONFEDERATE REPUBLIC seems simply to be ``an assemblage of societies,'' or an association of two or more states into one state. The extent, modifications, and objects of the federal authority are mere matters of discretion. So long as the separate organization of the members be not abolished; so long as it exists, by a constitutional necessity, for local purposes; though it should be in perfect subordination to the general authority of the union, it would still be, in fact and in theory, an association of states, or a confederacy. The proposed Constitution, so far from implying an abolition of the State governments, makes them constituent parts of the national sovereignty, by allowing them a direct representation in the Senate, and leaves in their possession certain exclusive and very important portions of sovereign power. This fully corresponds, in every rational import of the terms, with the idea of a federal government.


Lincoln's First Inaugural Address, March 4, 1861
Again, if the United States be not a government proper, but an association of States in the nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it--break it, so to speak; but does it not require all to lawfully rescind it?

Descending from these general principles, we find the proposition that in legal contemplation the Union is perpetual confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And, finally, in 1787 one of the declared objects for ordaining and establishing the Constitution was "TO FORM A MORE PERFECT UNION."

Jean-Jacques Rousseau:
The problem is to find a form of association which will defend and protect with the whole common force the person and goods of each associate, and in which each, while uniting himself with all, may still obey himself alone, and remain as free as before.
Edward A. Shils:
The peculiar idea of moral infection in the consequence of association with individuals of indelible wickedness leads to the notion of “guilt by association.”
Thomas Jefferson:
To take from one because it is thought that his own industry and that of his father's has acquired too much, in order to spare to others, who, or whose fathers have not exercised equal industry and skill, is to violate arbitrarily the first principle of association -- the guarantee to every one of a free exercise of his industry and the fruits acquired by it.
Prince Peter Kropotkin:
Freedom of the press, freedom of association, the inviolability of domicile, and all the rest of the rights of man are respected so long as no one tries to use them against the privileged class. On the day they are launched against the privileged they are overthrown.
John Marshall Harlan II:
Privacy in one’s associations… may in many circumstances be indispensable to freedom of association, particularly where a group espouses dissident beliefs.
Edmund Burke:
When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle.
Prof. Clifford Thies:
Thus, individualism is not antithetical to community. Rather, it can involve free association and a belief in an over-arching harmony of interests. In a free socety, individuals join with others because of love and mutual benefit, not because they are programmed or coerced.
Joseph L. Blau:
Freedom of religion means the right of the individual to choose and to adhere to whichever religious beliefs he may prefer, to join with others in religious associations to express these beliefs, and to incur no civil disabilities because of his choice…
William O. Douglas:
Among the liberties of citizens that are guaranteed are ... the right to believe what one chooses, the right to differ from his neighbor, the right to pick and choose the political philosophy he likes best, the right to associate with whomever he chooses, the right to join groups he prefers ...
Alexis de Tocqueville:
Americans of all ages, all stations of life, and all types of disposition are forever forming associations...In democratic countries knowledge of how to combine is the mother of all other forms of knowledge; on its progress depends that of all the others.
Hans L. Eicholz:
Government of the self was the original basis for republican government, reflecting the view that civil society was much more than politics. Society was made up of men and women who gave order to their lives by entering into associations on a voluntary basis, quite apart from government, for all the various reasons of fellowship, philanthrophy, faith and commerce.
Ayn Rand:
Individualism regards man -- every man -- as an independent, sovereign entity who possesses an inalienable right to his own life, a right derived from his nature as a rational being. Individualism holds that a civilized society, or any form of association, cooperation or peaceful co-existence among men, can be achieved only on the basis of the recognition of individual rights -- and that a group, as such, has no rights other than the individual rights of its members.
Edward H. Crane:
[T]here are, at bottom, basically two ways to order social affairs, Coercively, through the mechanisms of the state -- what we can call political society. And voluntarily, through the private interaction of individuals and associations -- what we can call civil society. ... In a civil society, you make the decision. In a political society, someone else does. ... Civil society is based on reason, eloquence, and persuasion, which is to say voluntarism. Political society, on the other hand, is based on force.
Andrew Jackson:
From the earliest ages of history to the present day there have never been thirteen millions of people associated in one political body who enjoyed so much freedom and happiness as the people of these United States. You have no longer any cause to fear dangers from abroad ... It is from within, among yourselves - from cupidity, from corruption, from disappointed ambition and inordinate thirst for power - that factions will be formed and liberty endangered ...
Robert Nisbet:
Very commonly in ages when civil rights of one kind are in evidence – those pertaining to freedom of speech and thought in, say, theater, press, and forum, with obscenity and libel laws correspondingly loosened – very real constrictions of individual liberty take place in other, more vital areas: political organization, voluntary association, property, and the right to hold jobs, for example.
Benito Mussolini:

The Fascist State lays claim to rule in the economic field no less than in others; it makes its action felt throughout the length and breadth of the country by means of its corporate, social, and educational institutions, and all the political, economic, and spiritual forces of the nation, organised in their respective associations, circulate within the State.
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