Civil Liberty

The liberty of a member of society, being a man's natural liberty, so far restrained by human laws (and no further) as is necessary and expedient for the general advantage of the public. 1 Bl. Comm. 125; 2 Steph. Comm. 487. The power of doing whatever the laws permit. 1 Bl. Comm. 6; Inst. 1. 3. 1. Blackstone's definition is substantially that of the civilians; that of Justinian being: "The natural power of doing whatever one pleases, except what is prohibited by force or law." Inst. 1. 3. 1. This is adopted by Bracton almost in terms. Bracton, fol. 46b. Blackstone's amendment, as will be seen, consists in the elimination of the idea of restraint by force.

The liberty of a member ot society, being a man's natural liberty, so far restrained by human laws (and no further) as ls necessary and expedient for the general advantage of the public. 1 Bl. Comm. 125; 2 Steph. 487. The power of doing whatever the laws permit 1 Bl. Comm. 6; Inst. 1, 3, L See People v. Berbenicli, 20 Barb. (N. Y.) 231; In re Ferrier, 103 111. 372, 43 Am. Rep. lO; Dennis v. Moses, 18 Wash 537, 52 Pac. 333, 40 In R. A. 302; Slate v. Kreutzberg, 114 Wis. 530, 90 N. W. 1098, 58 In R. A. 748, 91 Am. St Rep. 934; Hayes v. Mitchell, 69 Ala. 454; Bell v. Gaynor, 14 Misc. Rep. 334, 36 N. Y. Supp. 122. The greatest amount of absolute liberty which can, in the nature of things, be equally possessed by every citizen in a state. Bouvier. Guarantied protection against interference with the interests and rights held dear and important by large classes of civilized men, or by all the members of a state, together with an effectual share in the making and administration of the laws, as the best apparatus to secure that protection. Lieber, Civ. Lib. 24.

Defined under Liberty in Black's Law Dictionary.

The liberty of a member of society, being a man’s natural liberty, so far restrained by human laws (and no further) as is necessary und expedient for the general advantage of the public. 1 BI. Comm. 125; 2 Steph. Comm. 487. The power of doing whatever the laws permit, 1 Bl. Comm. 6; Inst. 1, 3,1. See LIBERTY.

The liberty of a member of society, being a man*s natural liberty, so far restrained by human laws. Sand no farther,) as is necessary and expelient for the general advantage of the public. 1 Bl. Com. 126. 2 Steph. Com. 48Y. The power of doing whatever the laws permit. 1 Bl. Com. 6. Inst. 1. 3. 1. The above definitions are foimded in a great degree upon that of the civil law, which is quoted by Blackstone in one place as " Facultas ejus quod cuique facers libet, nisi quid vi aut jure prohibetur;" (the power of doing whatever one pleases, except what is prohibited by force or law); and in the other, as " Facultas ejus quod cuique fa^ere libet nisi quid jure prohibetur f' (the power of doing whatever one pleases, except what is prohibited by law). The definition, as given by the Institutes of Justinian, is in the following words, " Liberia^ est naturalis facultas ejus quod cuique facere libet, nisi quid vi axitjure prohibefur. Liberty is the natural power of doing whatever one pleases, except what is prohibited by force or law. Inst. 1. 3. 1. This is adopted by Bracton, almost in terms, and copied from him by Lord Coke. Bract. fol. 46 b. Co. Litt. 116 b. See Liber tas. The emendation of Blackstone, it will be seen, consists in the very proper omission of the objectionable words **vi aut;" — liberty, according to modem ideas, admitting of no restraint by force, as independent of law.