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Topic: Personal Liberty Law

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Fugitive Slave Law of 1850

William Murray, 1st Earl of Mansfield

Slavery Abolition Act

Thirteenth Amendment to the United States Constitution

Abolitionism

Compromise of 1850

Thomas Clarkson

William Wilberforce

First Carlist War

Parliament of the United Kingdom

1807

Clapham Sect

1833

Second war of Schleswig

Loonie

In the News (Sat 5 Dec 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	Lalor, Cyclopaedia of Political Science, V.3, Entry 50, PERSONAL LIBERTY LAWS: Library of Economics and Liberty
		PERSONAL LIBERTY LAWS (IN), statutes passed by the legislatures of various northern states, during the existence of the fugitive slave laws, for the purpose of securing to alleged fugitives the privilege of the writ of habeas corpus and the trial by jury, which those laws denied them.
		Accordingly, new laws were passed by Vermont, Rhode Island and Connecticut in 1854, by Maine, Massachusetts and Michigan in 1855, by Wisconsin and Kansas in 1858, by Ohio in 1859, and by Pennsylvania in 1860.
		It thus provoked the passage of the personal liberty laws in the north.
	www.econlib.org /library/YPDBooks/Lalor/llCy820.html (768 words)

	[No title]
		That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection.
		The principle which protects personal writings and any other productions of the intellect or of the emotions, is the right to privacy, and the law has no new principle to formulate when it extends this protection to the personal appearance, sayings, acts, and to personal relations, domestic or otherwise.
		The design of the law must be to protect those persons with whose affairs the community has no legitimate concern, from being dragged into an undesirable and undesired publicity and to protect all persons, whatsoever their position or station, from having matters which they may properly prefer to keep private, made public against their will.
	www.louisville.edu /library/law/brandeis/privacy.html (4692 words)

	Hobbes' Leviathon (Site not responding. Last check: 2007-11-04)
		By Liberty is understood, according to the proper signification of the word, the absence of external impediments, which impediments may oft take away part of a man's power to do what he would, but cannot hinder him from using the power left him, according as his judgement and reason shall dictate to him.
		Hobbes goes on to explain that men "naturally love liberty and dominion over others." This love left unchecked leads to the natural state; because this condition is so deplorable men should lay down their liberties and dominions, allowing the sovereign to take them up.
		Liberty may be something that can only be taken away, but in submitting to the sovereign, all liberty is, in a sense, given to him by the sovereign.
	www-personal.umich.edu /~heitchue/papers/hobbes.html (770 words)

	Vermont Personal Liberty Law (1858) (Site not responding. Last check: 2007-11-04)
		Due process of law, mentioned in the preceding section of this Act shall, in all cases, be defined to mean the usual process and forms in force by the laws of this State, and issued by the courts thereof; and under such process, such person shall be entitled to a trial by jury.
		Neither descent near or remote from an African, whether such African is or may have been a slave or not, nor color of skin or complexion, shall disqualify any person from being, or prevent any person from becoming, a citizen of this State, nor deprive such person of the rights and privileges thereof.
		Every person who may have been held as a slave, who shall come, or be brought, or be in this State, with or without the consent of his or her master or mistress, or who shall come, or be brought, or be, involuntarily or in any way in this State, shall be free.
	www.worldpolicy.org /globalrights/usa/1858-VT-personallibertylaw.html (267 words)

	Texas Personal Injury Law: General (Site not responding. Last check: 2007-11-04)
		Negligence has to do with how careful a person was when he or she caused an injury, and how careful, according to the law, he or she should have been.
		Vicarious liability is a legal principle under which one person is held liable for the tortious act of another, even though the first person was not involved in the act, did nothing to encourage the act, and even may have attempted to prevent it.
		A person cannot sue the fire department for failing to put out a fire in his or her house, or the police department for failing to stop the theft of his or her car.
	www.weblocator.com /attorney/tx/law/c19.html (3294 words)

	Personal Injury Glossary - Eastern NC Medical Malpractice Attorneys, Car Accidents, Vioxx
		Equal Protection of the Law: The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.
		Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury.
		These are laws that permit conviction and punishment for a lawful act performed before the law was changed and the act made illegal.
	www.medicallegallawfirm.com /personal_injury_glossarye.html (1087 words)

	Holt, The Law of Libel, 1818
		The liberty of the press, therefore, properly understood, is the personal liberty of the writer to express his thoughts in the more improved way invented by human ingenuity in the form of the press.
		In this manner the liberty of the press may be regarded as a natural right, and in the language of our best lawyers, and the daily acceptance of the constitution, it is, under this notion, invested with a corresponding sacredness.
		It was by these means, that moral and religious knowledge, the foundations of all liberty, was refracted, multiplied, and circulated; and instead of existing in masses, and in the single points of schools and universities, was rendered the common atmosphere in which we all live and breathe.
	www.uark.edu /depts/comminfo/cambridge/holt.html (1373 words)

	Law and liberty (Site not responding. Last check: 2007-11-04)
		Freedom cannot exist nor thrive except in the presence of law, submission thereto, and enforcement thereof Sin is a violation of God's law (1 John 3:4).
		Every liberty man has is accompanied by a divine law or principle to control its employment.
		The reality of liberty is dependent upon the presence of divine law, man's respect for it, and submission to it out of love for him who gave it.
	www.bible-infonet.org /ff/articles/grace/111_02_15.htm (337 words)

	Florida Personal Injury Law: General (Site not responding. Last check: 2007-11-04)
		For example, under Florida law, a person who consents to the use of his or her car by another is liable for any negligent damage the second person may do with the car.
		Under Florida law, anyone serving alcohol to a minor or to a known addicted drinker may be liable for intoxication-related damages caused by that person.
		A person cannot sue the fire department for failing to put out a fire in his or her house, nor the police department for failing to stop the theft of his or her car.
	www.weblocator.com /attorney/fl/law/pigen.html (2536 words)

	Liberty - Wikipedia, the free encyclopedia
		Liberty is generally considered a concept of political philosophy and identifies the condition in which an individual has the ability to act according to his or her own will.
		Defenders of ''positive liberty'' say that there is no need for it to have such totalitarian undertones, and that there is a great difference between a government providing positive liberty to its citizens and a government presuming to make their decisions for them.
		The conception of law as a relationship between individuals, rather than families, came to the fore, and with it the increasing focus on individual liberty as a fundamental reality, given by "Nature and Nature's God," which, in the ideal state, would be as expansive as possible.
	en.wikipedia.org /wiki/Liberty (2177 words)

	Sources on the Second Amendment and Rights to Keep and Bear Arms in State Constitutions (Site not responding. Last check: 2007-11-04)
		That standing armies in time of peace are dangerous to liberty, and therefore ought to be avoided, as far as the circumstances and protection of the Community will admit; and that in all cases the military should be under strict subordination to and governed by the Civil power.
		A standing army is condemned by the traditions and sentiments of the people, as being as dangerous to the liberties of the people as the general preparation of the people for the defence of their institutions with arms is preservative of them.
		This `liberty´ is not a series of isolated points pricked out in terms of the taking of property; the freedom of speech, press, and religion; the right to keep and bear arms; the freedom from unreasonable searches and seizures; and so on.
	www1.law.ucla.edu /~volokh/2amteach/sources.htm (6847 words)

	ICL - Austria - Law on Personal Freedom
		The detention of a person may ensue only on the strength of a judicial warrant stating the reasons.
		The government officials of the public authority entitled to make arrests may, in cases determined by law, take a person into custody, but they must within 48 hours either set free or deliver to the competent authority anyone whom they have taken into safe custody.
		As competent is to he understood the authority with whom, according to the nature of the case, the further proceedings as regards the person taken into safe custody legally rest.
	www.oefre.unibe.ch /law/icl/au01000_.html (468 words)

	Liberty, Government, and Constitution (Site not responding. Last check: 2007-11-04)
		An unfortunate motive behind this type of "personal welfare" legislation is the presumption that government has the right, or even the obligation, to impose directives on conduct relating exclusively to the individual's private welfare; this assumes, dangerously, government superiority.
		No persons either individually or through government, should impose their will, their way of life, their judgments or their brand of wisdom on the private lives of others no matter how correct they might think their own way of life to be and how wrong they think that of others.
		Government infringement of personal liberty with respect to the demands which it makes upon citizens' earnings is not just an issue of quantity, though the burden of taxation grows inexorably; more important is the assumption on which such claims are based.
	www.libertyandlaw.org /5personal.html (6236 words)

	Muslim Personal Law
		Protection and application of Muslim Personal Law is one of the fundamental problems presently faced by Indian Muslims.
		The Government should also ensure that persons or organisation, expressing their opinions on matters pertaining to Quran or Hadith should avoid any comments hurting religious feelings and violating common code of morality and religion.
		The people may be apprised of the importance of Muslim Personal Law and Muslim Personal Law Protection Committee be formed in all tehsils, districts and cities.
	imamindia.tripod.com /misc/p_law.html (988 words)

	Law and Our Rights (Site not responding. Last check: 2007-11-04)
		As such 'refugee' is considered to be a person taking refuge, especially in foreign country from religious or political persecution or from war, man made crisis or from natural calamities.
		The traditional definition of refugee is extended by the Cartagena Declaration on Refugees of 22 November, 1984 to include persons who have fled their country because their lives, safety or freedom have been threatened by generalised violence, foreign aggression, internal conflicts, massive violations of human rights or other circumstances, which have seriously disturbed public order.
		Most of those fleeing wars are victims or potential victims of breaches of humanitarian law such as “ethnic cleansing” systematic rape, reprisal attacks, or destruction of essential civilian infrastructure, rather than violations of individual human rights.
	www.thedailystar.net /law/2006/06/04/analysis.htm (1307 words)

	Law and Gospel
		The law, instead of being a rule of life, is necessarily a rule of death to one who has a sin nature.
		The law given to Israel, the son of God, was broken, and the nation was thrown out of its promised land into the wilderness of exile.
		The Saint and the Law by Horatius Bonar
	www.monergism.com /thethreshold/articles/topic/lawliberty.html (2735 words)

	Human Rights First \| Us Law & Security \|
		This chapter analyzes the executive’s new blended system of criminal law enforcement and military detention – a system the report describes as a “mix and match” approach.
		And the chapter discusses how political refugees are bearing the brunt of the new international climate as countries from Australia to France treat all immigrants, including refugees seeking asylum, as security risks.
		Assessing the New Normal: Liberty and Security for the Post-September 11 United States is the third report in a series.
	www.humanrightsfirst.org /us_law/loss/assessing/assessingnewnormal.htm (440 words)

	Fugitive Slave Law of 1850 - Wikipedia, the free encyclopedia
		The Fugitive Slave Law or Fugitive Slave Act was passed by the United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern slaveholding interests and Northern Free-Soilers and abolitionists.
		In addition, some northern states passed Personal liberty laws, mandating a jury trial before alleged slaves could be moved; others forbade the use of local jails or the assistance of state officials in the process of arrest or return.
		With the outbreak of the American Civil War, General Benjamin Butler justified refusing to return runaway slaves in accordance to this law because because the Union and the Confederacy were at war, the slaves could be confiscated and set free as contraband of war.
	en.wikipedia.org /wiki/Fugitive_Slave_Law_of_1850 (872 words)

	INTRODUCTION TO THE MASSACHUSETTS PERSONAL LIBERTY ACT
		Among other things, the laws guaranteed the writ of habeas corpus, the right to a jury trial and other procedural devices that not only protected the runaways, but made it difficult for slave owners to prove their case in court, and also made it costly for them to do so.
		The Massachusetts legislature passed the 1855 law with the defiant title, "An Act to Protect the Rights and Liberties of the People of the Commonwealth of Massachusetts." A key provision was the section calling for the removal of any state official who aided in the return of runaway slaves.
		Revised Statutes is hereby declared to be, that every person imprisoned or restrained of his liberty is entitled, as of right and of course, to the writ of habeas corpus, except in the cases mentioned in the second section of that chapter.
	usinfo.state.gov /usa/infousa/facts/democrac/20.htm (486 words)

	The Right of Privacy: Is it Protected by the Constitution?
		At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life....
		Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
		The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/rightofprivacy.html (1565 words)

	Law, Liberty and License
		To listen to the attorneys for the Texas men seeking redress of their sexual grievances, a decision to strike down the Texas anti-sodomy law should be based on “changing times” and public opinion polls.
		Liberty is presumed to depend on personal responsibility.
		To extend to homosexual sodomy the same protections given to the marital union would undermine the definition of marriage and could lead to homosexual marriage; (2) In order to recognize a non-textual constitutional right to sodomy, the Court must find sodomy to be deeply rooted in the nation’s history and tradition.
	www.sodomylaws.org /lawrence/lweditorials017.htm (739 words)

	Liberty - The War on Law
		Another example is the idea of arresting and subsequently detaining persons for uncertain periods of time on the basis of government suspicions about their intentions.
		Common means of doing this have included the laws of "attempt," "conspiracy" and "possession of apparatuses." When a direct but ineffectual act is committed toward the commission of a crime, that in itself is the crime of attempt.
		For the government to operate beyond the powers granted to it by the Constitution when it itself is a creature of that Constitution by using, domestically, the expression "war on terrorism" as its justification does profound damage to permanent and perpetual individual freedom.
	libertyunbound.com /archive/2005_04/martinez-law.html (808 words)

	Law of War
		persons taking no part in the hostilities including members of the armed forces who have laid down their arms and those who can no longer fight shall in all circumstances be treated humanely
		A commander may not put his prisoners to death because their presence retards his movements or diminishes his power or resistance by necessitating a larger guard, or by reason of their consuming supplies, or because it appears certain that they will begin their liberty through the impending success of their forces.
		It is likewise unlawful for a commander to kill his prisoners on the ground of self-preservation, even in the case of airborne or commando operations, although the circumstances of the operation may make necessary rigorous supervision and restraint upon the movement of prisoners of war.
	www.personal.psu.edu /nrl108/ocs/ocs29.htm (734 words)

	History of Penn Law - Medallions and Inscriptions
		Sharswood was appointed professor of law at the University of Pennsylvania in 1850 and served for eighteen years.
		He reorganized the law school at Penn, at served as dean beginning in 1852.
		A strict constructionist, Sharswood greatly admired the common law and the rule of stare decisis.
	www.law.upenn.edu /about/history/medallions/sharswood/index.html (293 words)

	Balance of Liberty and Law -NRA (Site not responding. Last check: 2007-11-04)
		The history of the world has been very largely a history of attempts to reconcile society and individual man. Personal rights on the one hand, on the other hand, civil law: these are the antagonists, the reconciliation of which has been the problem of ages.
		Civilized nations are at last beginning to understand that personal liberty and social law, so far from being inherently antagonistic, are correlated parts of a perfect whole.
		The law of nature, insufficient for the instruction and guidance of the individual and the family in the fallen condition of our race, must be equally insufficient for society.
	www.natreformassn.org /statesman/04/liblaw.html (706 words)

	[No title]
		Quill deal explicitly with whether state laws that prohibit physician-assisted suicide (PAS) violate the Constitution, specifically, with whether there is implicit in the (Fourteenth Amendment’s) Due Process Clause’s protection of liberty, a “right to die.” Dworkin et al, argue that there is. The Court held that there is not.
		Specifically, “a person’s interest in following his own convictions at the end of his life is so central a part of the more general right to make ‘intimate and personal choices for himself that a failure to protect that particular interest would undermine the general right altogether.” E.
		Since common law does not permit any suicide, much less PAS, the Court can be interpreted as not having asserted any right of personal liberty or autonomy as general as is claimed.
	www-personal.umich.edu /~sdarwall/355l1799.txt (608 words)

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