arts, ideas & societyWikipedia14th century · England
John Doe is a placeholder name that English lawyers used in court for centuries, and it still appears in injunctions
John Doe and Richard Roe were fictional names used in English legal documents from perhaps the reign of Edward III in the 14th century. They stood in for real parties so that technical rules about standing and jurisdiction could be satisfied, and the real ejectors could be sued. Medieval remedies were abolished in 1833 and the fictional names in 1852. The name survives today in John Doe injunctions, used against unidentified people threatening to disclose confidential information.
John Doe shows how legal fiction can keep old procedure working long after its original purpose has gone. In the United States the name also appears in court cases involving unidentified people, and it became a standard label for unidentified bodies. The term still turns up in everyday speech as a placeholder.
Legal fictions appear in many systems, from Roman legal parties to modern placeholder names for anonymous defendants. Such devices let courts act even when a real party is hidden or unknown.
Ancient Roman legal texts used the names Numerius Negidius and Aulus Agerius for hypothetical parties, an early parallel to John Doe.
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Image: Wikimedia Commons
