Law of Privilege
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A privilege is a certain entitlement to
immunity Immunity may refer to: Medicine * Immunity (medical), resistance of an organism to infection or disease * ''Immunity'' (journal), a scientific journal published by Cell Press Biology * Immune system Engineering * Radiofrequence immunity desc ...
granted by the state or another authority to a restricted group, either by birth or on a conditional basis. Land-titles and
taxi medallion A taxi medallion, also known as a CPNC (Certificate of Public Necessity and Convenience), is a transferable permit in the United States allowing a taxicab driver to operate. Several major cities in the US use these in their taxi licensing systems, ...
s are examples of transferable privilege – they can be revoked in certain circumstances. In modern democratic states, a ''privilege'' is conditional and granted only after birth. By contrast, a ''
right Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical ...
'' is an inherent, irrevocable entitlement held by all citizens or all human beings from the moment of birth. Various Examples of old
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
privilege still exist – to title deeds, for example. Etymologically, a privilege (''privilegium'') means a "private law", or rule relating to a specific individual or institution. The principles of conduct that members of the legal profession observe in their practice are called legal ethics.
Boniface Boniface, OSB ( la, Bonifatius; 675 – 5 June 754) was an English Benedictine monk and leading figure in the Anglo-Saxon mission to the Germanic parts of the Frankish Empire during the eighth century. He organised significant foundations o ...
's
abbey of Fulda The Abbey of Fulda (German ''Kloster Fulda'', Latin ''Abbatia Fuldensis''), from 1221 the Princely Abbey of Fulda (''Fürstabtei Fulda'') and from 1752 the Prince-Bishopric of Fulda (''Fürstbistum Fulda''), was a Benedictine abbey and ecclesiastic ...
, to cite an early and prominent example, was granted '' privilegium'', setting the abbot in direct contact with the pope, bypassing the jurisdiction of the local bishop. One of the objectives of the
French Revolution The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in coup of 18 Brumaire, November 1799. Many of its ...
was the abolition of privilege. This meant the removal of separate laws for different social classes (
nobility Nobility is a social class found in many societies that have an aristocracy. It is normally ranked immediately below royalty. Nobility has often been an estate of the realm with many exclusive functions and characteristics. The character ...
,
clergy Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, but usually involve presiding over specific rituals and teaching their religion's doctrines and practices. Some of the ter ...
, and ordinary people), instead subjecting everyone to the same common law. Such privileges were abolished by the National Constituent Assembly on August 4, 1789.


See also

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Executive privilege Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and othe ...
* Parliamentary privilege *
Privilege (canon law) Privilege in the canon law of the Roman Catholic Church is the legal concept whereby someone is exempt from the ordinary operation of the law over time for some specific purpose. Definition Papal privileges resembled dispensations, since both ...
* Privilege (evidence) *
Privilège du blanc (, "the privilege of the white", is a term used for a Catholic custom whereby certain designated female royalty and royal consorts are permitted to wear a white dress and veil during audiences with the Pope, an exception to the tradition of most ...
*
Privilege of peerage The privilege of peerage is the body of special privileges belonging to members of the British peerage. It is distinct from parliamentary privilege, which applies only to those peers serving in the House of Lords and the members of the House o ...
*
Privilege (social inequality) Social privilege is a theory of special advantage or entitlement, which benefits one person, often to the detriment of others. Privileged groups can be advantaged based on education, social class, caste, age, height, weight, nationality, geograp ...
*
Szlachta's privileges The privileges of the ''szlachta'' (Poland's nobility) formed a cornerstone of "Golden Liberty" in the Kingdom of Poland (before 1569) and, later, in the Polish–Lithuanian Commonwealth (1569-1795). Most ''szlachta'' privileges were obtained bet ...


References

{{Authority control Legal ethics Legal history Public choice theory