I was watching videos on youtube last night and just watched a video of 2008 where a senator from U.S. state of Nebraska called Ernie Chambers filed a suit against God. And the court dismissed the case saying:
"Almighty was not properly served due to his unlisted home address."
-The Daily Illini.com
This was the saying of Nebraska's High Court. Then this case went to the Supreme Court and supreme court dismissed it too by saying
"A court decides real controversies and determines rights actually controverted, and does not address or dispose of abstract questions or issues that might arise in a hypothetical or fictitious situation or setting."
-Case Text.com
This judgement arises a question in my mind that "Is there any legality of SUPER BEING ?"
This is a hypothetical question that "what if any SUPER BEING exist?" What will be the legality of that ? There are two types of Superheros.
Top-tier superheros like Superman, Sentry, Thor, Lobo and Martian Man Hunter. Their existence will be more complicated. For example, Thor lands in your garden spoiling it with bifrost and you file a suit against him. Will he come to the court? He is not even from earth. What government can do against him ? He is beyond their powers.
Human Super Beings which can be controlled using earth resources. Deadpool, Batman, Wolverine, Captain America, Flash, Green Arrow and Spiderman are the heros which can be arrested. Although it will be difficult but not impossible. They are from earth. Where will they go?
Note: I am not a legal lawyer so don't make any decision on the basis of this article.
I am just going to tell that what will be the major problems if there exist any superhero or superheros.
Everyone need a legal document to go to other countries so what will be the legality of the heros who can fly? But they are mostly from the type 1 of superheros. Lets talk about type 2 of superheros.
QUASI-CONTRACT
Some of them actually help government for the sake of good. Sometime they give order to the government officials directly. For example, in The Avengers we have seen Captain America giving orders to the police officers. But no super being have authority to give order to government officials directly. They just have mutual understanding with the government and this thing is called Quasi-legal or Quasi-Contract.
"A Quasi Contract is an obligation invoked by law in the absence of an agreement. Its purpose is to create a legal duty where, in fact, no promise or agreement was entered into by the parties."
-Legal Dictionary. the Free Dictionary.com
The best example of this is Batman and the Gotham Police Department. Although batman hides his legal identify from entire world and helps police of Gotham City in a legal way. Batman doesn't have any license or agreement to help police to maintain the law but they have Quasi-Contract.
Similar with the spiderman. But the difference is that police of his city doesn't depend on him to maintain the law.
CITIZENS ARREST
More than the majority of time Spiderman arrest citizens (criminals). But this thing is not so simple. As here in Pakistan according to the section 59 of CPC:
This is official that any person can arrest another person but in extremely rare situations but this arrest can be backfire too because there is a procedure to arrest someone. Police are taught to arrest someone within the guidelines but not everyone know that. You can't touch someone inappropriate, although you do it by mistake because an arrested can suit you too. They can say that you used inappropriate force and didn't use the guideline procedure etc. If superheros have rights then criminals also have rights for justice because till now he is not proven guilty.
USING POWERS FOR PERSONAL BENEFITS
Superhero also use their power for personal benefits. For example, Vision can fly everywhere, can go through the wall without caring anyone's privacy etc. Flash's running on public paths, Batman's patrolling on his own batmobile. This seems cool but in reality you need a license to fly, a license for speeding, a license to drive a car. Although made a car yourself but what are the safety measures? This is not like you made a car with heavy weapons in it. You will need a license to operate a weapon too. In short, you need a license to fly, run fast, operate vehicle, operate weapon etc. You just can't show off your weapons and abilities in the public. This is all about the Superheros which belong to Earth.
But what about them who are not humans? Not from earth? May be a bigger sized animal or a alien? For the animals there are animal rights. How will you arrest them ? And what about aliens? Although there is no one but if Aliens come there would be Aliens Rights too.
So what's your thoughts on this? Is being a Superhero legal or not?
Anyone can be a Superhero. Saving people needs no license but you have to be in law.
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