Maxim 5.1.4
It is unjust that freemen should not have the free disposal of their own property.
Injustum est, nisi tota lege inspecta, liberos homines non habere liberam potestatem rerum suarum.
Source: Co. Litt. 223a; 4 Kent, Comm. 131; Hob. 87; Weisman, 91e
Difficulty 1/5 — Foundational
Explanation
A free man's control over his own property is a fundamental attribute of liberty — any restraint on disposal is a restraint on freedom itself.
Where this applies
- The government seized my car without a court order.
- My bank account was frozen without any notice or hearing.
- The city took my property through eminent domain without proper proceedings.
Topics
Legal domains
See also
- 2.3.1 Liberty is the natural power of doing whatever one pleases, except that which is restrained by law or force.
- 5.1.1 The right of property is that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual.
Cite this maxim
NeCede Max. 5.1.4 — It is unjust that freemen should not have the free disposal of their own property. — Co. Litt. 223a; 4 Kent, Comm. 131; Hob. 87; Weisman, 91e (Injustum est, nisi tota lege inspecta, liberos homines non habere liberam potestatem rerum suarum.)
Found an error? Suggest a correction →