Legal Name Use
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Glossary of Terms: Legal Name Allowance
The popular name given to the rule that allows submitters to use elements of their legal names in appropriate locations in a Society name. The details are given in Section II.4 of the Rules for Submission. [now replaced by SENA] [[1]]
Ting McPhee Rule:
Informal name for the Precedent (2/2003 Cover Letter, see below) against "excessively obtrusive" linguistic combinations even with the Legal Name Allowance.
Administrative Handbook,
III.A. Protected Names:
10. Name Used by the Submitter Outside the Society - No name will be registered to a submitter if it is identical to a name used by the submitter for purposes of identification outside of a Society context. This includes legal names, common use names, trademarks, and other items registered with mundane authorities that serve to identify an individual or group. This restriction applies to Society branches as well as individuals. Thus, a branch cannot use the name of a significant location (a town or county, for example) within its borders. This restriction is intended to help preserve a distinction between a submitter's identity within the Society and the submitter's identity outside of the Society.
A small change in the name is sufficient for registration, such as the addition of a syllable or a spelling change that changes the pronunciation. However, a change to spelling without a change in pronunciation is not sufficient. For example, Alan Miller could not register the name Alan Miller or Allan Miller but he could register the name Alan the Miller. Further, submitters may register either a name or armory which is a close variant of a name or insignia they use outside the Society, but not both. Original Source: Protected Names
SENA PN.1.B.2 -
Sources of Name Phrases:
e. Legal Name Allowance: Name phrases from the submitter's legal names may be used. To do this, the submitter must demonstrate the name phrase on a legal document, such as a birth certificate, driver's license, or the like. Only the full name and the nature of the document must be visible; identification numbers and the like may be obscured. Official religious documents are considered evidence for religious names (Hebrew names, confirmation names), which are also allowed under this allowance. Birth names and maiden names, when documented, are also allowed under this allowance. In some cases, providing a photocopy of the document may not be possible; in such cases, a herald or heralds may attest that they have seen the document and this can be sufficient documentation.
The name phrase must be used in precisely the way that it is spelled on the legal document. As some legal documents obscure capitalization (by using all capitals) or omit punctuation (and markings like accents, such changes may be allowed on a case by case basis. Name phrases must be used in their entirety, including any prepositions and articles. Thus, nicknames that do not appear on legal documents cannot be registered.
For example, the legal name Ruby justifies Ruby, but not Rubie or Rube. The legal name Smith justifies Smith, but not the Smith. This is true even though one can find occupational bynames in English both with and without articles. The legal name von Volvorth justifies von Volvorth, not Volvorth or de Volvorth, though one can find examples of bynames formed from German placenames using those forms.
Name phrases documented in this way are categorized as given names and bynames based on type (surnames are a type of byname). They may be used in any way that a given name or byname of that type may be used. Modern "middle names" are a special case. Some people in the modern world have middle names derived from given names. Others have middle names derived from surnames, through shifts in naming practice, through marriage, or for other reasons. Therefore, middle names are registerable based on the type of name they are: given names or surnames. Middle names which originated as surnames but are modernly used as given names may be used as given names.
For example, someone whose legal middle name is Elizabeth may use it as a given name, because Elizabeth is a given name by type. However, someone whose legal middle name is MacGregor may not use it as a given name, because it is a surname by type. The name Madison, while it originated as a surname, is modernly used as a given name. Therefore, someone whose legal middle name is Madison may also use it as a given name through the legal name allowance.
This rule can allow a name phrase which is not attested in period, but the name as a whole must still meet the other requirements for names. This includes issues with overall construction, conflict, presumption, and offense.
For example, Earl is a modern given name, but it is also a title of rank within the SCA. Therefore, we would not register it, even if documented as the submitter's legal given name.
http://heraldry.sca.org/sena.html#PN1
Precedents:
Precedents of the SCA College of Arms - [[2]] Morsulus Heralds Website - [[3]] (to search the LoARs and Precedents) Restatement Wiki - [[4]] (restatements of Precedents) Use the above links to be sure any precedents listed below haven't been superseded by newer precedents.
Collected Precedents on the Legal Name Allowance:
[[5]]
Collected Precedents on Use Names:
[[6]]
June 2015 Cover Letter - Legal Name Attestation
Lately, we have had a number of submissions using the legal name allowance, but where neither a copy of the legal documentation (e.g., driver's license) nor a proper attestation has been provided. In at least one case, the submitter provided a photocopy of a driver's license, which was mentioned in the Letter of Intent as being available, but it was not included in the packet. The July 2012 Cover Letter states: > This month questions were asked about how heralds may attest that they have seen legal identification for the legal name allowance. Let me begin by saying that for most submissions, we expect photocopies of the submitter's identification. Attestation should be used only at locations where photocopies cannot be easily made (like camping events) or where making photocopies is prohibited by law. > Where photocopies cannot easily be made, heralds may attest that they have seen the identification. Such attestation must include the following: the type of identification, the complete name exactly as it appears on the identification (for example noting that the name is rendered completely in capital letters), the names and titles of two heralds who have seen the identification (herald/pursuivant at large is a title), and the signature or initials of those heralds. If signatures cannot be obtained, the herald may confirm that he or she has seen the documentation in commentary (internal or external - in the case of internal commentary the Letter of Intent should note that it was confirmed). At a local event where only a single herald is available, another officer (seneschal, for example) can serve as a second witness. An attestation that fails this standard will not be considered adequate documentation for a name element that depends on the legal name allowance. This has not changed. In most cases, we have been able to document the legal names in question to period, but in others the legal name allowance is the only way to register a name submission. Without meeting our standards for using the legal name allowance, these submissions are at risk of being returned or having the problematic element dropped if it cannot be independently documented. As a reminder to all submissions heralds, if a copy of the legal documentation is uploaded in the packet, please ensure that it is marked private. http://heraldry.sca.org/loar/2015/06/15-06cl.html#5
July 2012 Cover Letter - Legal Name Attestation:
This month questions were asked about how heralds may attest that they have seen legal identification for the legal name allowance. Let me begin by saying that for most submissions, we expect photocopies of the submitter's identification. Attestation should be used only at locations where photocopies cannot be easily made (like camping events) or where making photocopies is prohibited by law. Where photocopies cannot easily be made, heralds may attest that they have seen the identification. Such attestation must include the following: the type of identification, the complete name exactly as it appears on the identification (for example noting that the name is rendered completely in capital letters), the names and titles of two heralds who have seen the identification (herald/pursuivant at large is a title), and the signature or initials of those heralds. If signatures cannot be obtained, the herald may confirm that he or she has seen the documentation in commentary (internal or external - in the case of internal commentary the Letter of Intent should note that it was confirmed). At a local event where only a single herald is available, another officer (seneschal, for example) can serve as a second witness. An attestation that fails this standard will not be considered adequate documentation for a name element that depends on the legal name allowance. [[7]]
May 2012 Cover Letter - Hyphenated Family Names
This month, we were asked to determine if part of a hyphenated surname was eligible for the legal name allowance. Normally, we require the entire name phrase to be used in the legal name allowance. However, hyphenated surnames are a special case, as they invariably represent a combination of two distinct family names rather than a single name phrase. This can be seen in the way these names are formed and inherited; the combinations tend to change from generation to generation. Thus, the name phrase on either side of a hyphenated surname is considered an independent name phrase and is eligible for the legal name allowance. [[8]]
February 2003 Cover Letter - A Clarification Regarding the Legal Name Allowance
Discussion has been raised regarding various details of the Legal Name Allowance, so a clarification is in order. The two main points of discussion are (1) whether or not use of the Legal Name Allowance carries a weirdness, and (2) how the language of the legal name element(s) should be judged. Precedent states:
Beginning with the 5/96 meeting, therefore, use of two individually permissible non-period elements in a single name will be considered two 'weirdnesses' and will be grounds for return. Such elements include non-period names allowed under the Legal Name Allowance as well as those names, apparently not used by human beings in period, that have been declared 'SCA-compatible', e. g., Briana, Ceridwen (in several variants), Gwendolen/Guendolen, R(h)onwen, and Rowena. (Talan Gwynek, Cover Letter to the January 1996 LoAR, pp. 3-4) Therefore, a name which falls in the category of "non-period names allowed under the Legal Name Allowance" (emphasis added) described in the ruling cited above carries a weirdness.
If the name element can be documented as being used in the submitted position in period, there is no weirdness for use of this name element. As an example, if John is submitted as a masculine given name under the Legal Name Allowance, there is no weirdness for use of this element, because it is documentable as a masculine given name in English in period. On the other hand, if Craig is submitted as a masculine given name under the Legal Name Allowance, there would be a weirdness for use of this element. In this case, Craig would be the submitter's legal given name. While Craig is a commonly accepted masculine given name today, no evidence has been found of it being used as a given name in period. It is registerable as a given name only through the Legal Name Allowance and so carries a weirdness.
In some submissions, multiple elements from the submitter's legal name are used. In these cases, there is only a single weirdness for invoking the Legal Name Allowance, not one weirdness for each element submitted from the submitter's legal name. As an example, a submitter whose legal name contains both a non-period given name and a non-period surname could register [legal given name] [legal surname] of London, because these portions of this name, which use only the Legal Name Allowance as documentation, would only have one weirdness for use of the Legal Name Allowance and so would be registerable.
It is important to note that we have traditionally ignored the language of the legal name element, just as the language of a branch name is traditionally ignored when of [branch name] is used as part of a personal name. The exception, in the case of the Legal Name Allowance, occurs when the legal name element is excessively obtrusive when combined with other elements of the name, as can be seen in the rulings:
While we allow real-world name elements in SCA names without further documentation, this is restricted to cases where "such elements are not excessively obtrusive." Combining a Gaelic Irish given name with what appears to be a non-European surname falls afoul of this restriction. [Ciarmhac Sayenga, 07/00, R-Æthelmearc] [...] Combining an English given name with a Hindi byname is no less obtrusive. [Margaret Singh, 02/01, R-Outlands]
[...] Combining a Russian given name with a Scots byname is no less obtrusive and so would be returned. [Vaska McCormick, 04/02, R-Calontir]
The combination of a legal name element from one language with elements from a different language in an SCA name will be judged on a case by case basis. Only if the combination is felt to be excessively obtrusive, will the submitted name be returned. The standard of whether or not a name combination is excessively obtrusive is, of necessity, a subjective standard. The best description of this level of obtrusiveness was provided by Bruce, Laurel, in regards to the different topic of joke names:
Intrusively modern names grab the listener by the scruff of the neck and haul him, will he or nill he, back into the 20th Century. A name that, by its very presence, destroys any medieval ambience is not a name we should register. (Porsche Audi, August, 1992, pg. 28) While joke names are a separate topic from the Legal Name Allowance, the standard described by Bruce is appropriate in this case. If the combination of a legal name element when combined with other elements of the name produces a name that will "grab the listener by the scruff of the neck and haul him, will he or nill he," out of any medieval ambience upon hearing the name, it is not a name we should register. [Cover Letter for the 02/2003 LoAR] http://heraldry.sca.org/loar/2003/02/03-02cl.html