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What Are The Natural Rights of Man According to the Law
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What are the Natural Rights of Men

Does the 14th Amendment Violate the Constitution?

There are those who honestly believe that rights are granted by governments, and others who believe that rights are granted by God or the creator. Great conversations have taken place to determine exactly, “What are the natural rights of men?”

If government is the grantor of these rights, they cannot by definition be considered natural rights, but government granted rightsi, perhaps even privilegesii. I, as the author, will never deny the existence of God, though there are those that do not believe in such divinity. So for the sake of the conversation, let us remove the discussion of God and speak just of creation.

One of the primary things that separates humanity from other animal species, is the ability to reason. In short, we are gifted at birth with our free will and the ability to exercise what are considered by some to be our natural rights in life.

In the declaration, this was stated as the right to life, liberty, and the pursuit of happiness. However, this should never be interpreted to mean that even our natural rights can be exercised at the expense of the rights of others – or can they?

What are the Natural Rights of men?What are the natural rights of men? The natural rights for all of humanity or flesh and blood men and women, include those rights with which we were born, or those rights that we possess merely as a consequence of our birth.

Among the best descriptions I have heard regarding the natural rights of men, is one where the speaker noted that if you were stripped naked and left out in the woods, those rights you still have are your natural rights. Rather than relegating people to living in the rough, though many “environmentalists” would have us destroy humanity to the extent that was the only remaining option, let us turn to nature.

What rights does any wild animal have? Any animal has the right to provide food for themselves and their families. Yes, this is predatory behavior that is also inherent in the human species. The prey likewise, also has the natural rights to defend itself by any means necessary.

And before you ask, yes, there are other species that use tools or weapons of war to do this. Think for a moment about the monkeys beaning each other with sticks and rocks and whatever else may be at hand. Think about the angler fish that has evolved to the extent that it has a natural fishing lure conveniently located just in front of its mouth.

Natural, evolutionary, or created, the use of weapons in order to both hunt and defend is a natural right. If two people are naked and alone in the woods, and one has the capacity to make a bow, should they not do it because it would not be “fair”? Each has the right to hunt in their own capacity. The natural rights of men do not include the ability to force the individual with the capacity to make a bow to hunt on behalf of the other people who lack those skills.

Those creatures in nature that depend on others to provide their food are rightfully known as scavengers. Does such a scientific reality hurt? Facts and feelings right? At the end of the day, facts do not care about your feelings. This is a very simple and basic truth in life.What are the Natural Rights of Man According to the Law?

What are Rights According to the Law?

In Black’s Law, a right is defined as follows:

RIGHT. As a noun, and taken in an abstract sense, justice, ethical correctness, or consonance with the rules of law or the principles of morals. In this signification it answers to one meaning of the Latin "jus," and serves to indicate law in the abstract, considered as the foundation of all rights, or the complex of underlying moral principles which impart the character of justice to all positive law, or give it an ethical content. As a noun, and taken in a concrete sense, a power, privilege, faculty, or demand, inherent in one person and incident upon another. "Rights" are defined generally as "powers of free action." And the primal rights pertaining to men are undoubtedly enjoyed by human beings purely as such, being grounded in personality, and existing antecedently to their recognition by positive law. But leaving the abstract moral sphere, and giving to the term a juristic content, a "right" is well defined as "a capacity residing in one man of controlling, with the assent and assistance of the state, t he actions of others." Holl. Jur. 69.

[Note the differentiation between “person”, “human beings” and “man” as these all have unique and specific legal meanings]

What are Natural Rights According to the Law?

Natural rights are those which grow out of the nature of man and depend upon personality, as distinguished from such as are created by law and depend upon civilized society; or they are those which are plainly assured by natural law (Borden v. State, 11 Ark. 519, 44 Am.Dec. 217) ; or those which, by fair deduction from the present physical, moral, social, and religious characteristics of man, he must be invested with, and which he ought to have realized for him in a jural society, in order to fulfill the ends to which his nature calls him. 1 Woolsey, Polit. Science, p. 26. Such are the rights of life, liberty, privacy, and good reputation. See Black, Const. Law (3d Ed.) 523.

[Note that there is no right to ownership or private property]

“Personal rights” is a term of rather vague import, but generally it may be said to mean the right of personal security, comprising those of life, limb, body, health, reputation, and the right of personal liberty.

[Note that there is no right to ownership or private property and that these are over-ruled according to the law in “civilized society”]

Again we will turn to Blacks Law:autonomy 298474 640

Constitutional Law

There is also a classification of rights, with respect to the constitution of civil society.

Thus, according to Blackstone, "the rights of persons, considered in their natural capacities, are of two sorts,—absolute and relative; absolute, which are such as appertain and belong to particular men, merely as individuals or single persons; relative, which are incident to them as members of society, and standing in various relations to each other." 1 Bl. Comm. 123. Johnson v. Johnson, 32 Ala. 637; People v. Berberrich, 20 Barb, (N. Y.) 224.

Rights are also classified in constitutional law as natural, civil, and political, to which there is sometimes added the class of "personal rights."

What are the Legal Rights of Man?

At the end of the day, add in the Uniform Commercial Code, the United States Code, and the Federal Regulations, and your rights are only those that the government sees fit to grant you, despite the “constitutionally guaranteed” rights that you thought you were privileged to enjoy.

Again from Blacks Law:

Rights are either in personam or in rem.

A right in personam is one which imposes an obligation on a definite person.

[Note the use of the legal term “person”, or one to whom rights and duties are ascribed, and not to man or a human being or an individual – Thus, legal rights in “Civilized Society” are not only restricted to rights granted by the government, but impose an obligation on the person or the person of inherence or the legal fiction, though not on the man, the individual, or the flesh and blood human being.

Again from Blacks Law:

Persons are the subject of rights and duties; and, as a subject of a right, the person is the object of the correlative duty, and conversely. The subject of a right has been called by Professor Holland, the person of inherence ; the subject of a duty, the person of incidence. "Entitled" and "bound" are the terms in common use in English and for most purposes they are adequate. Every full citizen is a person; other human beings, namely, subjects who are not citizens, may be persons. But not every human being is necessarily a person, for a person is capable of rights and duties, and there may well be human beings having no legal rights, as was the case with slaves in English law. • • *

A person is such, not because he is human, but because rights and duties are ascribed to him. The person is the legal subject or substance of which the rights and duties are attributes. An individual human being considered as having such attributes is what lawyers call a natural person. Pollock, First Book of Jurispr. 110. Gray, Nature and Sources of Law, ch. IL

Privileges and immunities. Within the meaning of the 14th amendment of the United States constitution, such privileges as are fundamental, which belong to the citizens of all free governments and which have at all times been enjoyed by citizens of the United States. La Tourette v. McMaster, 104 S.C. 501, 89 S.E. 398, 399. They are only those which owe their existence to the federal government, its national character, its Constitution, or its laws. ]

A right in rem is one which imposes an obligation on persons generally; 1. e., either on all the world or on all the world except certain determinate persons. Thus, if I am entitled to exclude all persons from a given piece of land, I have a right in rem in respect of that land; and, if there are one or more persons, A., B., and C., whom I am not entitled to exclude from it, my right is still a right in rem. Sweet.

Game Over. We the People have already lost under the current system.

 

Endnotes taken from Black's Law, 4th Edition

i[NOTE the specific and definitive separation of Human Being, Man, Person, Persons, Individuals, and People, as these are all separate and unique in law]

NATURAL. The juristic meaning of this term does not differ from the vernacular, except in the cases where it is used in opposition to the term "legal;" and then it means proceeding from or determined by physical causes or conditions, as distinguished from positive enactments of law, or attributable to the nature of man rather than to the commands of law, or based upon moral rather than legal considerations or sanctions.

As to natural "Allegiance," "Boundary," "Channel," "Child," "Day," "Death," "Domicile," "Equity," "Fruits," "Guardian," "Heir," "Infancy," "Liberty," "Obligation," "Person," "Possession," "Presumption," "Rights," "Succession," "Watercourse,"and "Year," see those titles.

RIGHT. As a noun, and taken in an abstract sense, justice, ethical correctness, or consonance with the rules of law or the principles of morals. In this signification it answers to one meaning of the Latin "jus," and serves to indicate law in the abstract, considered as the foundation of all rights, or the complex of underlying moral principles which impart the character of justice to all positive law, or give it an ethical content. As a noun, and taken in a concrete sense, a power, privilege, faculty, or demand, inherent in one person and incident upon another. "Rights" are defined generally as "powers of free action." And the primal rights pertaining to men are undoubtedly enjoyed by human beings purely as such, being grounded in personality, and existing antecedently to their recognition by positive law. But leaving the abstract moral sphere, and giving to the term a juristic content, a "right" is well defined as "a capacity residing in one man of controlling, with the assent and assistance of the state, the actions of others." Holl. Jur. 69.

The noun substantive "a right" signifies that which jurists denominate a "faculty ;" that which resides in a determinate person, by virtue of a given law, and which avails against a person (or answers to a duty lying on a person) other than the person in whom it resides. And the noun substantive "rights" is the plural of the noun. substantive "a right." But the expression "right," when it is used as an adjective, is equivalent to the adjective "just." as the adverb "rightly" is equivalent to the adverb "justly." And, when used as the abstract name corresponding to the adjective "right," the noun substantive "right" is synonymoms with the noun substantive "justice." Aust.Jur. § 264, not.

In a narrower signification, an interest or title in an object of property; a just and legal claim to hold, use, or enjoy it, or to convey or donate it, as he may please. See Co. Litt. 345a.

The term "right," in civil society, is defined to mean that which a man is entitled to have, or to do, or to receive from others within the limits prescribed by law. Atehison & N. R. Co. v. Baty, 6 Neb. 40, 29 Am.Rep. 356.

[So government has “the right” to determine what “rights” we the people may or may not enjoy, according to the law]

That which one person ought to have or receive from another, it being withheld from him, or not in his possession. In this sense "right" has the force of "claim," and is properly expressed by the Latin "jus." Lord Coke considers this to be the proper signification of the word, especially in writs and pleadings, where an estate is turned to a right; as by discontinuance, disseisin, etc. Co. Litt. 345a. See, also, Droit; Jus; Recht.

Classification

Rights may be described as perfect or imperfect, according as their action or scope is clear, settled, and determinate, or is vague and unfixed.

Rights are either in personam or in rem.

A right in personam is one which imposes an obligation on a definite person.

A right in rem is one which imposes an obligation on persons generally; 1. e., either on all the world or on all the world except certain determinate persons. Thus, if I am entitled to exclude all persons from a given piece of land, I have a right in rem in respect of that land; and, if there are one or more persons, A., B., and C., whom I am not entitled to exclude from it, my right is still a right in rem. Sweet.

Rights may also be described as either primary, or secondary. Primary rights are those which can be created without reference to rights already existing. Secondary rights can only arise for the purpose of protecting or enforcing primary rights. They are either preventive (protective) or remedial (reparative.) Sweet.

Preventive or protective secondary rights exist in order to prevent the infringement or loss of primary rights. They are judicial when they require the assistance -of a court of law for their enforcement, and extrajudicial when they are capable of being exercised by the party himself. Remedial or reparative secondary rights are also eitheir judicial or extrajudicial. They may further be divided into (1) rights of restitution or restoration, which entitle the person injured to be replaced in his original position; (2) rights of enforcement, which entitle the person injured to the performance of an act by the person bound; and (3) rights of satisfaction or compensation. Sweet.

With respect to the ownership of external objects of property, rights may be classed as absolute and qualified.

An absolute right gives to -the person in whom it inheres the uncontrolled dominion over the object at all times and for all purposes.

A qualified right gives the possessor a right to the object for certain purposes or under certain circumstances only. Such is the right of a bailee to recover the article bailed when it has been unlawfully taken from him by a stranger.

Rights are also either legal or equitable. The former is the case where the person seeking to enforce the right for his own benefit has the legal title and a remedy at law. The latter are such as are enforceable only in equity; as, at the suit of cestui que trust. [SEE cestui que trust BELOW and also note that there has not been an active Court of Equity since the 1930s making such actions impossible to try in proper accordance with the law]

Constitutional Law

There is also a classification of rights, with respect to the constitution of civil society.

Thus, according to Blackstone, "the rights of persons, considered in their natural capacities, are of two sorts,—absolute and relative; absolute, which are such as appertain and belong to particular men, merely as individuals or single persons; relative, which are incident to them as members of society, and standing in various relations to each other." 1 Bl. Comm. 123. Johnson v. Johnson, 32 Ala. 637; People v. Berberrich, 20 Barb, (N. Y.) 224.

Rights are also classified in constitutional law as natural, civil, and political, to which there is sometimes added the class of "personal rights."

Natural rights are those which grow out of the nature of man and depend upon personality, as distinguished from such as are created by law and depend upon civilized society; or they are those which are plainly assured by natural law (Borden v. State, 11 Ark. 519, 44 Am.Dec. 217) ; or those which, by fair deduction from the present physical, moral, social, and religious characteristics of man, he must be invested with, and which he ought to have realized for him in a jural society, in order to fulfill the ends to which his nature calls him. 1 Woolsey, Polit. Science, p. 26. Such are the rights of life, liberty, privacy, and good reputation. See Black, Const. Law (3d Ed.) 523.

Civil rights are such as belong to every citizen of the state or country, or, in a wider sense, to all its inhabitants, and are not connected with the organization or administration of government. They include the rights of property, marriage, protection by the laws, freedom of contract, trial by jury, etc. Winnett v. Adams, 71 Neb. 817, 99 N.W. 681. Or, as otherwise defined, civil rights are rights appertaining to a person in virtue of his citizenship in a state or community. Rights capable of being enforced or redressed in a civil action. Also a term applied to certain rights secured to citizens of the United States by the thirteenth and fourteenth amendments to the constitution, and by various acts of congress made in pursuance thereof. State of Iowa v. Railroad Co., C.C.Iowa, 37 F. 498, 3 L.R.A. 554; State v. Powers, 51 N.J.L. 432, 17 A. 969.

Political rights consist in the power to participate, directly or indirectly, in the establishment or administration of government, such as the right of citizenship, that of suffrage, the right to hold public office, and the right of petition. Black Const. Law (3d Ed.) 524; Winnett v. Adams, 71 Neb. 817, 99 N.W. 681.

Personal rights is a term of rather vague import, but generally it may be said to mean the right of personal security, comprising those of life, limb, body, health, reputation, and the right of personal liberty.

As an Adjective

The term "right" means just, morally correct, consonant with ethical principles or rules of positive law. It is the opposite of wrong, unjust, illegal.

Old English Law

The term denoted an accusation or charge of crime. Fitzh. Nat. Brev. 66 F.

Other Compound and Descriptive Terms

Base right. In Scotch law, a subordinate right; the right of a subvassal in the lands held by him. Bell.

Bill of rights. See Bill.

Common right. A term applied to rights, privileges, and immunities appertaining to and enjoyed by all citizens equally and in common, and which have their foundation in the common law. Co. Inst. 142a; Spring Valley Waterworks v. Schottler, 62 Cal. 106. [Yet despite the frequent use of "Common Law Marriage" in divvying up property between unrelated cohabitants, the courts claim Common Law is no longer practiced and "not legally recognized"]

Declaration of rights. See Bill of Rights, under Bill.

Exclusive right. See Exclusive Right.

Existing right. See Existing Right.

Marital rights. See Marital.

Mere right. In the law of real estate, the mere right of property in land; the right of a proprietor, but without possession or even the right of possession; the abstract right of property.

PETITION OF RIGHTS. A parliamentary declaration of the liberties of the people, assented to by King Charles I, in 1629. It is to be distinguished from the bill of rights, (1689), which has passed into a permanent constitutional statute. Brown.

Private rights. Those rights which appertain to a particular individual or individuals, and relate either tc the person, or to personal or real property. 1 Chit. Gen. Pr. 3.

The term "private right," as used with reference to the right of a person to injunctive relief, is used as a mere distinguishing term from "public right," and not as meaning any particular monopolistic right. Long v. Southern Express Co., D.C.Fla., 201 F. 441, 444.

"Private rights" of a municipal corporation, as effecting the running of the statute of limitations, are such as only that part of the municipality included within the corporate limits of a municipality are interested in. Board of Com'rs of Woodward County v. Willett, 49 Okl. 254, 152 P. 365, 366, L.R.A. 1916E, 92.

Real right. In Scotch law. That which entitles him who is vested with it to possess the subject as his own, and, if in the possession of another, to demand from him its actual .possession. Real rights affect the subject itself; personal are founded in obligation. Erskine, Inst. 3, 1, 2.

VESTED. Fixed; accrued; settled; absolute. Orthwein v. Germania Life Ins. Co. of City of New York, 261 Mo. 650, 170 S.W. 885, 888.

Having the character or giving the rights of absolute ownership; not contingent; not subject to be defeated by a condition precedent. Scott v. West, 63 Wis. 529, 24 N.W. 161; McGillis v. McGillis, 11 App. Div. 359, 42 N.Y.S. 924; Smith v. Proskey, 39 Misc. 385, 79 N.Y.S. 851.

VESTED RIGHTS. In constitutional law. Rights which have so completely and definitely accrued to or settled in a person that they are not subject to be defeated or canceled by the act of any other private person, and which it is right and equitable that the government should recognize and protect, as being lawful in themselves, and settled according to the then current rules of law, and of which the individual could not be deprived arbitrarily without injustice, or of which he could not justly be deprived otherwise than by the established methods of procedure and for the public welfare. Cassard v. Tracy, 52 La.Ann. 835, 27 So. 368, 49 L.R.A. 272; Stimson Land Co. v. Rawson, C.C. Wash., 62 F. 429; Parker v. Schrimsher, Tex.Civ. App., 172 S.W. 165, 168.

Which cannot be interfered with by retrospective laws, are interests which it is proper for state to recognize and protect and of which individual cannot be deprived arbitrarily without injustice. American States Water Service Co. of California v. Johnson, 31 Cal.App.2d 606, 88 P.2d 770, 774.

Immediate or fixed right to present or future enjoyment and one that does not depend on an event that is uncertain. Dunham Lumber Co. v. Gresz, 71 N.D. 491, 2 N.W.2d 175, 179, 141 A.L.R. 60; Massa v. Nastri, 125 Conn. 144, 3 A.2d 839, 840, 120 A.L.R. 939; Wylie v. City Commission of Grand Rapids, 293 Mich. 571, 292 N.W. 668, 674.

A right complete and consummated, and of such character that it cannot be divested without the consent of the person to whom it belongs, and fixed or established, and no longer open to controversy. State ex rel. Milligan v. Ritter's Estate, Ind.App., 46 N.E.2d 736, 743.

RIGHT IN ACTION. This is a phrase frequently used in place of chose in action, and having an identical meaning.

RIGHT IN COURT. See Rectus in Curia.

RIGHT OF ACTION. The right to bring suit; a legal right to maintain an action, growing out of a given transaction or state of facts and based thereon. Hibbard v. Clark, 56 N.H. 155, 22 Am. Rep. 442; Webster v. County Com'rs, 63 Me. 29.

By the old writers the phrase is commonly used to denote that a person has lost a right of entry, and has nothing but a right of action left. Co.Litt. 363b.

RIGHT OF DIVISION. In Scotch law. The right which each of several cautioners (sureties) has to refuse to answer for more than his own share of the debt. To entitle the cautioner to this right the other cautioners must be solvent, and there must be no words in the bond to exclude it. 1 Bell, Comm. 347.

RIGHT OF ENTRY. The right of taking or resuming possession of land by entering on it in a peaceable manner.

RIGHT OF LOCAL SELF–GOVERNMENT. Power of citizens to govern themselves, as to matters purely local in nature, through officers of their own selection. City of Ardmore v. Excise Board of Carter County, 155 Oki. 126, 8 P.2d 2, 11. 1488 [Does this hold true today?]

RIGHT OF POSSESSION. Which may reside in one man, while another has the actual possession, being the right to enter and turn out such actual occupant; e. g., the right of a disseisee. An apparent right of possession is one which may be defeated by a better; an actual right of possession, one which will stand the test against all opponents. 2 Bl. Comm. 196; Cahill v. Pine Creek Oil Co., 38 Okl. 568, 134 P. 64, 65.

PRIVACY, RIGHT OF. The right to be let alone, the right of a person to be free from unwarranted publicity. Holloman v. Life Ins. Co. of Virginia, 192 S.C. 454, 7 S.E.2d 169, 171, 127 A.L.R. 110.

The right of an individual (or corporation) to withhold himself and his property from public scrutiny, if he so chooses. It is said to exist only so far as its assertion is consistent with law or public policy, and in a proper case equity will interfere, if there is no remedy at law, to prevent an injury threatened by the invasion of, or infringement upon, this right from motives of curiosity, gain, or malice. Federal Trade Commission v. American Tobacco Co., 44 S.Ct. 336, 264 U.S. 298, 68 L.Ed. 696, 32 A.L.R. 786.

RIGHT OF PROPERTY. The mere right of property in land; the abstract right which remains to the owner after he has lost the right of possession, and to recover which the writ of right was given. United with possession, and the right of possession, this right constitutes a complete title to lands, tenements, and hereditaments. 2 Bl. Comm. 197.

RIGHT OF REDEMPTION. The right to disencumber property or to free it from a claim or lien; specifically, the right (granted by statute only) to free property from the incumbrance of a foreclosure or other judicial sale, or to recover the title passing thereby, by paying what is due, with interest, costs, etc.

Not to be confounded with the "equity of redemption," which exists independently of statute but must be exercised before sale. Mayer v. Farmers' Bank, 44 Iowa 216; Millett v. Mullen, 95 Me. 400, 49 A. 871. Western Land & Cattle Co. v. National Bank of Arizona at Phoenix, 28 Ariz. 270, 236 P. 725, 726.

RIGHT OF RELIEF. In Scotch law. The right of a cautioner (surety) to demand reimbursement from the principal debtor when he has been compelled to pay the debt. 1 Bell, Comm. 347.

RIGHT OF WAY. The right of passage or of way is a servitude imposed by law or by convention, and by virtue of which one has a right to pass on foot, or horseback, or in a vehicle, to drive beasts of burden or carts, through the estate of another. When this servitude results from the law, the exercise of it is confined to the wants of the person who has it. When it is the result of a contract, its extent and the mode of using it is regulated by the contract. Civ.Code La. art. 722.

"Right of way," in its strict meaning, is the right of passage over another man's ground; and in its legal and generally accepted meaning, in reference to a railway, it is a mere easement in the lands of others, obtained by lawful condemnation to public use or by purchase. It would be using the term in an unusual sense, by applying it to an absolute purchase of the fee-simple of lands to be used for a railway or any other kind of a way. Williams v. Western Union Ry. Co., 50 Wis. 76, 5 N.W. 482. And see Kripp v. Curtis, 71 Cal. 62, 11 P. 879; Stuyvesant v. Woodruff. 21 N.J.L. 136, 57 Am. Dec. 156.

"Right of way" has a twofold significance, being sometimes used to mean the mere intangible right to cross, a right of crossing, a right of way, and often used to otherwise indicate that strip of land which a railroad appropriates to its own use, and upon which it builds its roadbed. Marion, B. & E. Traction Co. v. Simmons, 180 Ind. 289, 102 N.E. 132.

RIGHT TO BEGIN. On the hearing or trial of a cause, or the argument of a demurrer, petition, etc., the right to begin is the right of first addressing the court or jury. The right to begin is frequently of importance, as the counsel who begins has also the right of replying or having the last word after the counsel on the opposite side has addressed the court or jury. Sweet.

RIGHTS OF PERSONS. Rights which concern and are annexed to the persons of men. 1 Bl. Comm. 122. [NOTE THE TERM "to the persons of men" which means the person, being the one to whom rights and duties are ascribed, as being separated from the man or the physical flesh and blood human being]

RIGHTS OF THINGS. Such as a man may acquire over external objects, or things unconnected with his person. 1 Bl. Comm. 122.

CESTUI, CESTUY. He. Used frequently in composition in law French phrases.

CESTUI QUE TRUST. He who has a right to a beneficial interest in and out of an estate the legal title to which is vested in another. 2 Washb. Real Prop. 163. The person who possesses the equitable right to property and receives the rents, issues, and profits thereof, the legal estate of which is vested in a trustee. Bernardsville Methodist Episcopal Church v. Seney, 85 N.J.Eq. 271, 96 A. 388, 389; Moore v. Shifflett, 187 Ky. 7, 216 S.W. 614, 616. Beneficiary of trust, Ulmer v. Fulton, 129 Ohio St. 323, 195 N.E. 557, 564, 97 A.L.R. 1170.

CESTUI QUE USE. He for whose use and benefit lands or tenements are held by another. The cestui que use has the right to receive the profits and benefits of the estate, but the legal title and possession (as well as the duty of defending the same) reside in the other. 2 Bla.Comm. 330; 2 Washb. Real Prop. 95.

CESTUI QUE VIE. He whose life is the measure of the duration of an estate. 1 Washb. Real Prop. 88. The person for whose life any lands, tenements, or hereditaments are held.

iiPRIVILEGE. A particular and peculiar benefit or advantage enjoyed by a person, company, or class, beyond the common advantages of other citizens. An exceptional or extraordinary power or exemption.

[By this definition from Black’s Law, commonly used in courts throughout the nation, how can the constitution guarantee “privileges” to all citizens, when it is by definition, “beyond the common advantage of other citizens”?]

A right, power, franchise, or immunity held by a person or class, against or beyond the course of the law. Waterloo Water Co. v. Village of Waterloo, 193 N.Y.S. 360, 362, 200 App.Div. 718; Colonial Motor Coach Corporation v. City of Oswego, 215 N.Y.S. 159, 163, 126 Misc. 829; Cope v. Flanery, 234 P. 845, 849, 70 Cal.App. 738; Bank of Commerce & Trust Co. v. Senter, 260 S.W. 144, 147, 149 Tenn. 569; State v. Betts, 24 N.J.L. 557.

[Something beyond the course of the law or “against” the law? Can the Constitution guarantee something that is against the law?]

An exemption from some burden or attendance, with which certain persons are indulged, from a supposition of law that the stations they fill, or the offices they are engaged in, are such as require all their time and care, and that, therefore, without this indulgence, it would be impracticable to execute such offices to that advantage which the public good requires. Dike v. State, 38 Minn. 366, 38 N.W. 95; International Trust Co. v. American L. & T. Co., 62 Minn. 501, 65 N.W. 78. State v. Gilman, 33 W.Va. 146, 10 S.E. 283, 6 L.R.A. 847.

That which releases one from the performance of a duty or obligation, or exempts one from a liability which he would otherwise be required to perform, or sustain in common with all other persons. State v. Grosnickle, 189 Wis. 17, 206 N.W. 895, 896.

A peculiar advantage, exemption, or immunity. Sacramento Orphanage & Children's Home v. Chambers, 25 Cal.Ap.p. 536, 144 P. 317, 319.

Civil Law

A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. Civil Code La. art. 3186. It is merely an accessory of the debt which it secures, and falls with the extinguishment of the debt. A. Baldwin & Co. v. McCain, 159 La. 966, 106 So. 459, 460. The civil-law privilege became, by adoption of the admiralty courts, the admiralty lien. Howe, Stud. Civ. L. 89; The J. E. Rumbell, 148 U.S. 1, 13 S.Ct. 498, 37 L.Ed. 345.

Law of Libel and Slander

An exemption from liability for the speaking or publishing of defamatory words concerning another, based on the fact that the statement was made in the performance of a duty, political, judicial, social, or personal.

Privilege is either absolute or conditional. The former protects the speaker or publisher without reference to his motives or the truth or falsity of the statement. This may be claimed in respect, for instance, to statements made in legislative debates, in reports of military officers to their superiors in the line of their duty, and statements made by judges, witnesses, and jurors in trials in court. Conditional privilege (called also "qualified privilege") will protect the speaker or publisher unless actual malice and knowledge of the falsity of the statement is shown. This may be claimed where the communication related to a matter of public interest, or where it was necessary to protect one's private interest and was made to a person having an interest in the same matter. Hill v. Drainage Co., 79 Hun, 335, 29 N.Y.S. 427; Cooley v. Galyon, 109 Tenn. 1, 70 S.W. 607, 60 L.R.A. 139, 97 Am.St.Rep. 823.

"Absolute privilege" is confined to cases in which the public service or the administration of justice requires complete immunity from being called to account for language used. Taber v. Aransas Harbor Terminal Ry., Tex. Civ.App., 219 S.W. 860, 861. It is based upon the theory that the publication of defamatory matter must be protected in the interest of and for the necessities of society, even though it be both false and malicious. Light Pub. Co. v. Huntress, Tex.Civ.App., 199 S.W. 1168, 1171.

"Qualified privilege" extends to all communications made in good faith upon any subject-matter in which the party communicating has an interest or in reference to which he has a duty to a person having a corresponding interest or duty, although the duty be not a legal one, but of a moral or social character of imperfect obligation and it arises from the necessity of full and unrestricted communication concerning a matter in which the parties have an interest or duty. Southern Ice Co. v. Black, 136 Tenn. 391, 189 S.W. 861, 863, Ann.Cas.1917E, 695.

Maritime Law

An allowance to the master of a ship of the same general nature with primage, being compensation, or rather a gratuity, customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge of such usage by the parties. 3 Chit. Commer. Law, 431,

Parliamentary Law

The right of a particular question, motion, ar statement to take precedence over all other business before the house and to be considered immediately, notwithstanding any consequent interference with or setting aside the rules of procedure adopted by the house. The matter may be one of "personal privilege," where it concerns one member of the house in his capacity as a legislator, or of the "privilege of the house," where it concerns the rights, immunities, or dignity of the entire body, or of "constitutional privilege," where it relates to some action to be taken or some order of proceeding expressly enjoined by the constitution. General

Privilege from arrest. A privilege extended to certain classes of persons, either by the rules of international law, the policy of the law, or the necessities of justice or of the administration of government, whereby they are exempted from arrest on civil process, and, in some cases, on criminal charges, either permanently, as 4n the case of a foreign minister and his suite, or temporarily, as in the case of members of the legislature, parties and witnesses engaged in a particular suit, etc. 1 Kent 243; 8 R. I. 43; 2 Stra. 985; 1 M. & W. 488; Parker v. Marco, 136 N.Y. 585, 32 N.E. 989, 20 L.R.A. 45, 32 Am.St.Rep. 770.

Privilege of transit. In railroading, the right of a shipper to have a car stopped at some intermediate point, the commodity shipped unloaded and treated or changed into some other form, and then reloaded and shipped to its destination as though it had been a continuous shipment and at the same rate as originally billed. Chicago, M. & St. P. Ry. Co. v. Board of Railroad Com'rs, 47 S.D. 395, 199 N.W. 453, 454.

Privilege tax. A tax on the privilege of carrying on a business for which a license or franchise is required. Southeastern Express Co. v. City of Charlotte, 186 N.C. 668, 120 S.E. 475, 477; Gulf & Ship Island R. Co. v. Hewes, 183 U.S. 66, 22 S. Ct. 26, 46 L.Ed. 86.

Privileges and immunities. Within the meaning of the 14th amendment of the United States constitution, such privileges as are fundamental, which belong to the citizens of all free governments and which have at all times been enjoyed by citizens of the United States. La Tourette v. McMaster, 104 S.C. 501, 89 S.E. 398, 399. They are only those which owe their existence to the federal government, its national character, its Constitution, or its laws. Ownbey v. Morgan, 256 U. S. 94, 41 S.Ct. 433, 65 L.Ed. 837, 17 A.L.R. 873; Prudential Ins. Co. of America v. Cheek, 25 U.S. 530, 42 S.Ct. 516, 520, 66 L.Ed. 1044, 27 A.L.R. 27; Rosenthal v. New York, 33 S.Ct. 27, 226 U.S. 260, 57 L.Ed. 212, Ann.Cas.1914B, 71. 1360

 

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