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Natural liberty
Natural libertyConsists in the power of acting as one thinks fit, without any restrain or control, unless by the laws of nature. "Moral liberty" or "natural liberty" is the right which nature gives to all mankind of disposing of their persons or property after the manner they judge most consonant to their happiness, on condition of their acting within the limits of the law of nature, and that they do not in any way abuse it to the prejudice of any other man. RELATED TERMS-------------------------------------- Power This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice. Without Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause. Right 1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself. Mankind Persons of the male sex; but in a more general sense, it includes persons of both sexes; for example, the statute of 25 Hen. VIII.,makes it felony to commit, sodomy with mankind or beast. Females as well as males axe included under the term mankind. Property Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property. Judge An elected or appointed public official with authority to hear and decide cases in a court of law. Condition Persons. The situation in civil society which creates certain relations between the individual, to whom it is applied, and one or more others, from which mutual rights and obligations arise. Abuse Every thing which is contrary to good order established by usage. Prejudice To decide beforehand; to lean in favor of one side of a cause for some reason or other than its justice. Man A human being. This definition includes not only the adult male sex of the human species, but women and children; examples: "of offences against man, some are more immediately against the king, other's more immediately against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against the life of man come under the general name of homicide, which in our law signifies the killing of a man by a man. SIMILAR TERMS-------------------------------------- Natural affection The affection which a husband, a father, a brother, or other near relative, naturally feels towards those who are so nearly allied to him, sometimes supplies the place of a valuable consideration in contracts; and natural affection is a good consideration in a deed For example, if a father should covenant without any other consideration to stand seised to the use of his child, the naming him to be of kin implies the consideration of natural affection, whereupon such use will arise. Natural children In the phraseology of the English or American law, natural children are children born out of wedlock, or bastards, and are distinguished from legitimate children; but in the language of the civil law, natural are distinguished from adoptive children, that is, they are the children of the parents spoken of, by natural procreation. Natural day That space of time included between the rising and the setting of the sun. Natural death Death by visitation of the Creator; death from the unassisted operation of natural causes. Natural equity That which is founded in natural justice, in honesty and right, and which arises ex aequo et bono. It corresponds precisely with the definition of justice or natural law, which is a constant and perpetual. will to give to every man what is his. This kind of equity embraces so wide a range, that human tribunals have never attempted to enforce it. Every code of laws has left many matters of natural justice or equity wholly unprovided for, from the difficulty of framing general rules to meet them, from the almost impossibility of enforcing them, and from the doubtful nature of the policy of attempting to give a legal sanction to duties of imperfect obligation, such as charity, gratitude, or kindness. Natural fool An idiot; one born without the reasoning powers, or a capacity to acquire them. Natural fruits The natural production of trees, bushes, and other plants, for the use of men and animals, and for the reproduction of such trees, bushes or plants. Natural justice A word used to refer to situations where audi alteram partem (the right to be heard) and nemo judex in parte sua (no person may judge their own case) apply. The principles of natural justice were derived from the Romans who believed that some legal principles were "natural" or self-evident and did not require a statutory basis. These two basic legal safeguards govern all decisions by judges or government officials when they take quasi-judicial or judicial decisions. Natural law, or law of nature The rule of human action prescribed by the Creator, and discoverable by the light of reason. Natural obligation Civil law. One which in honor and conscience binds the person who has contracted it, but which cannot be enforeed in a court of justice. Natural presumptions Evidence. Presumptions of fact; those which depend upon their own form and efficacy in generating belief or conviction in the mind, as derived from those connexions which are pointed out by experience; they are independent of any artificial connexions, and differ from mere presumptions of law in this essential respect, that the latter depend on and are a branch of th& particular system of jurisprudence to which they belong; but mere natural presumptions are derived wholly by means of the common experience of mankind, without the aid or control of any particular rule of law, but simply from the course of nature and the habits of society. These presumptions fall within the exclusive province of the jury, who are to pass upon the facts. Natural sevitudes Civil law. Those servitudes which arise in consequence of the nature of the soil. Naturalization The act by which an alien is made a citizen of the United States of America. Naturalization application The form used by a lawful permanent resident to apply for U.S. citizenship. The application is filed with U.S. Citizenship and Immigration Services at the Service Center with jurisdiction over the applicant’s place of residence. Naturalized citizen One who, being born an alien, has lawfully become a citizen of the United States Under the constitution and laws. PREVIOUS AND NEXT TERMS-------------------------------------- Natural equity That which is founded in natural justice, in honesty and right, and which arises ex aequo et bono. It corresponds precisely with the definition of justice or natural law, which is a constant and perpetual. will to give to every man what is his. This kind of equity embraces so wide a range, that human tribunals have never attempted to enforce it. Every code of laws has left many matters of natural justice or equity wholly unprovided for, from the difficulty of framing general rules to meet them, from the almost impossibility of enforcing them, and from the doubtful nature of the policy of attempting to give a legal sanction to duties of imperfect obligation, such as charity, gratitude, or kindness. Natural fool An idiot; one born without the reasoning powers, or a capacity to acquire them. Natural fruits The natural production of trees, bushes, and other plants, for the use of men and animals, and for the reproduction of such trees, bushes or plants. Natural justice A word used to refer to situations where audi alteram partem (the right to be heard) and nemo judex in parte sua (no person may judge their own case) apply. The principles of natural justice were derived from the Romans who believed that some legal principles were "natural" or self-evident and did not require a statutory basis. These two basic legal safeguards govern all decisions by judges or government officials when they take quasi-judicial or judicial decisions. Natural law, or law of nature The rule of human action prescribed by the Creator, and discoverable by the light of reason. Natural liberty Natural obligation Civil law. One which in honor and conscience binds the person who has contracted it, but which cannot be enforeed in a court of justice. Natural presumptions Evidence. Presumptions of fact; those which depend upon their own form and efficacy in generating belief or conviction in the mind, as derived from those connexions which are pointed out by experience; they are independent of any artificial connexions, and differ from mere presumptions of law in this essential respect, that the latter depend on and are a branch of th& particular system of jurisprudence to which they belong; but mere natural presumptions are derived wholly by means of the common experience of mankind, without the aid or control of any particular rule of law, but simply from the course of nature and the habits of society. These presumptions fall within the exclusive province of the jury, who are to pass upon the facts. Natural sevitudes Civil law. Those servitudes which arise in consequence of the nature of the soil. Naturalization The act by which an alien is made a citizen of the United States of America. Naturalization application The form used by a lawful permanent resident to apply for U.S. citizenship. The application is filed with U.S. Citizenship and Immigration Services at the Service Center with jurisdiction over the applicant’s place of residence. We thank you for using the Juridical Dictionary to search for Natural liberty. If you have a better definition for Natural liberty than the one presented here, please let us know by making use of the suggest a term option. This definition of Natural liberty may be disputed by other professionals. Our attempt is to provide easy definitions on Natural liberty and any other medical topic for the public at large.
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