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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.
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Legal Definitions - fur famosus
Definition of fur famosus
fur famosus
In historical Scots law, fur famosus refers to an individual who has a widespread reputation as a thief. This term describes someone who is commonly known or strongly suspected within their community of habitually engaging in theft, even if they haven't been formally convicted of every single instance of stealing. It highlights a person's notorious character as a pilferer.
Example 1: The Village Scavenger
Imagine a small Scottish village in the 17th century. There's a particular resident, Hamish, who is frequently seen lurking near farmsteads at dusk. Over the years, several small items – a chicken here, a sack of potatoes there, a coil of rope – have gone missing from various villagers' properties. While Hamish has never been caught red-handed for every single disappearance, the common talk among the villagers is that he is responsible for most of them due to his past behavior and general untrustworthiness. The community considers him a fur famosus because of his established reputation as a petty thief.
Example 2: The Market Shadow
Consider a bustling market day in a Scottish burgh. There's a figure, Elara, who is known to frequent the market. Shopkeepers and patrons alike whisper about her, recalling instances where purses have gone missing or goods have disappeared from stalls shortly after she passed by. While she might not be apprehended for every theft, her consistent presence during such incidents and the collective memory of her past actions have solidified her reputation. She is widely regarded as a pickpocket and a pilferer, making her a fur famosus in the eyes of the market community.
Example 3: The Estate Poacher
On a large Scottish estate, the gamekeeper, Robert, has a long-standing suspicion about one of the local crofters, Duncan. Duncan has been caught poaching deer and rabbits on the estate's land on a few occasions in the past, leading to minor punishments. Even when no direct evidence links him to a recent poaching incident, if snares are found or game goes missing, the first person Robert and the other estate workers suspect is Duncan, simply because of his established history and reputation as a poacher. Duncan is considered a fur famosus due to his notorious status as someone who illegally takes game.
Simple Definition
Fur famosus is a Latin term originating from Scots law. It refers to an individual who is widely known or reputed to be a thief.