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Odger's English Common Law

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Chapter II.<br />

PUBLIC RIGHTS.<br />

Under this term we group those absolute rights which<br />

every one in the realm possesses—which do not depend upon;<br />

the ownership of property, or the tenure of any office, or thef<br />

existence of any contract between the parties. First among<br />

these stands the right of personal security.<br />

" The right of personal security consists in a person's<br />

legal and uninterrupted enjoyment of his life, his limbs, his<br />

body, his health and his reputation, to each of which he has<br />

a natural inherent right, which cannot be wantonly destroyed,<br />

infringed or restricted without a manifest breach of civil<br />

liberty." 1 Every citizen enjoys the right of personal liberty ;<br />

he is entitled to stay at home or walk abroad at his pleasure<br />

without interference or restraint from others. Any confinement<br />

or detention, for which no legal justification can be<br />

shown, is a " false imprisonment."<br />

Ancillary to the right of personal security is the right of<br />

self-defence. Every man may repel unlawful force by force ;<br />

and this whether such unlawful force be directed against him-<br />

self or against his wife, child or servant, and probably if it<br />

be directed against any weak or helpless stranger.<br />

Again, every one who is inside a house i3 entitled to use<br />

force to prevent the forcible entry into that house of any one<br />

who has no right to enter it. " Every man's house is his<br />

castle." This right is not confined to the occupier of the<br />

house or even to his family or servants. Any stranger, who<br />

is lawfully present in the house, may exercise this right.<br />

And even where no attack is being made upon a man or<br />

upon his wife, child or servant, still he may always interfere<br />

to prevent any one from committing treason or any felony, or<br />

i 1 Bla. Com. 129.

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