From Christian Names to Usernames: The Evolution of Legal Identity

From Chrisitian namse to the digital age of avatars.
From Chrisitian namse to the digital age of avatars.

What’s in a Name, O Thou Christian? From Runnymede to the Digital Realm

On the eve of a digital revolution, as we craft myriad online identities—many untethered from our given names—we find ourselves at a crossroads of personhood and identity. In this age of avatars and virtual personas, it becomes crucial to trace back the spiritual and legal significance of names to that hallowed ground of Runnymede in 1215, a place and time which forever symbolises the birth of English liberty.

The Digital Persona and Ancient Rights

As we create digital identities that often bear no resemblance to our legal names, we unknowingly echo a centuries-old tension between natural personhood and legal construct. This modern phenomenon invites us to reflect on the profound implications of naming and identity that have shaped English law and society since Magna Carta[3][8].

The Evolution of Names in English Tradition

The Christian name, bestowed at baptism, has long been viewed as a spiritual identifier, linking the individual to their faith and community[2]. In contrast, surnames emerged later as practical tools for governance and social organisation. The first recorded hereditary surname in England, ‘de Cantebrigg’ (of Canterbury), dates to 1267, a mere half-century after Magna Carta[1].

This duality in naming reflects a deeper dichotomy in English legal thought: the tension between natural rights and legal fictions[4][12].

Magna Carta and the Essence of Personhood

Magna Carta’s 39th clause famously declares: “No free man shall be seized or imprisoned…except by the lawful judgment of his equals or by the law of the land”[3]. This principle underscores a fundamental truth: that certain rights are inherent to the individual, transcending legal constructs and royal decrees[11].

In the context of names and identity, this suggests that our essential personhood—our right to justice, fair treatment, and personal liberty—exists independently of how we are named or classified by legal systems[6].

Legal Fictions in a Digital Age

As we navigate an increasingly digital world, the concept of legal fictions takes on new dimensions. Online identities, much like legal persons, are constructs designed to facilitate interaction within a specific system[27]. Yet, as with traditional legal fictions, we must be wary of allowing these digital personas to overshadow our fundamental rights and liberties[9].

The Enduring Legacy of Runnymede

In our digital age, the principles enshrined at Runnymede remain as relevant as ever. As we craft online identities and navigate virtual spaces, we must remember that our essential rights—our ‘ancient liberties’—are not derived from these constructs but are inherent to our being[16].

Conclusion

From the fields of Runnymede to the vast expanses of cyberspace, the question of identity and rights continues to evolve. As we embrace the freedoms and possibilities of the digital realm, let us not forget the hard-won liberties codified in Magna Carta[21]. Our names, whether given at birth, assumed online, or bestowed by legal decree, are but signifiers of a deeper, inalienable personhood[13].

In this new frontier of identity, may we carry forward the spirit of Magna Carta, ensuring that our digital evolution enhances rather than diminishes our fundamental freedoms. For in the end, whether we go by our Christian names, surnames, or digital avatars, we remain heirs to a tradition of liberty that began on a meadow by the Thames over eight centuries ago[26].

Citations:
[1] https://www.elsevier.es/en-revista-mexican-law-review-123-articulo-natural-persons-juridical-persons-and-S1870057815000062
[2] https://www.catholicculture.org/culture/library/view.cfm?recnum=9588
[3] https://www.humanrights.com/what-are-human-rights/brief-history/magna-carta.html
[4] https://www.wolfson.cam.ac.uk/news/new-book-offers-solution-one-most-bizarre-features-our-legal-system
[5] https://hrlr.law.columbia.edu/hrlr/there-is-no-such-thing-as-a-legal-name/
[6] https://academic.oup.com/book/35026/chapter/298854871
[7] https://catholicherald.co.uk/i-have-called-you-by-name-the-importance-of-christian-names-in-a-world-of-gender-ideology/
[8] https://www.bbc.co.uk/news/magazine-30641742
[9] https://academic.oup.com/clp/article/77/1/413/7825890?login=false
[10] https://www.lwionline.org/article/whats-name-power-names-literature-and-legal-writing
[11] https://www.ruleoflaw.org.au/magna-carta-and-human-rights/
[12] https://en.wikipedia.org/wiki/Legal_fiction
[13] https://www.goodcourse.co/post/the-importance-of-names
[14] https://lsolum.typepad.com/legal_theory_lexicon/2004/03/legal_theory_le_2.html
[15] https://citychurchlagos.com/what-is-the-significance-of-names-to-peoples-character-and-destiny/
[16] https://chertseymuseum.org/magna_carta
[17] https://old.law.columbia.edu/publications/fict.html
[18] https://basw.co.uk/policy-and-practice/resources/whats-name-identification-children-trouble-law
[19] https://www.cambridge.org/core/elements/legal-personhood/EB28AB0B045936DBDAA1DF2D20E923A0
[20] https://www.familysearch.org/en/wiki/England_Given_Name_Origins_-_International_Institute
[21] https://www.britannica.com/summary/Magna-Carta-Causes-and-Effects
[22] https://lawandliterature.eu/images/pdf/LegalFictions.pdf
[23] https://jlc.org/news/youth-advocates-explore-power-name
[24] https://www.tandfonline.com/doi/full/10.1080/10383441.2021.2003744
[25] https://www.mumsnet.com/talk/baby_names/1124887-christian-name-same-as-surname
[26] https://www.bihr.org.uk/get-informed/legislation-explainers/what-is-the-magna-carta
[27] https://www.vocabulaw.co.uk/terms/legal-fiction/
[28] https://ials.sas.ac.uk/ials-blog/browse-past-posts/importance-names-education
[29] https://from.ncl.ac.uk/what-is-a-person
[30] https://www.reddit.com/r/CasualUK/comments/1fco6js/do_you_still_hear_or_use_the_term_christian_name/
[31] https://www.equalityhumanrights.com/human-rights/what-are-human-rights/history-human-rights-britain
[32] https://blogs.kent.ac.uk/lawandthehumanities/2015/05/07/what-is-legal-fiction-and-why-is-it-controversial/
[33] https://academic.oup.com/edited-volume/34398/chapter-abstract/291712528?redirectedFrom=fulltext
[34] https://www.britannica.com/topic/legal-personhood
[35] https://www.rootschat.com/forum/index.php?topic=524720.0
[36] https://www.parliament.uk/about/living-heritage/evolutionofparliament/originsofparliament/birthofparliament/overview/magnacarta/magnacartasignificant/
[37] https://www.jstor.org/stable/1274904
[38] https://www.bpe.co.uk/news-and-events/2016/09/the-importance-of-names/
[39] https://en.wikipedia.org/wiki/Personhood
[40] https://christianity.stackexchange.com/questions/27385/is-there-a-significance-of-the-christian-name

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