privilege

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Privilege

A particular benefit, advantage, or Immunity enjoyed by a person or class of people that is not shared with others. A power of exemption against or beyond the law. It is not a right but, rather, exempts one from the performance of a duty, obligation, or liability.

privilege

n. a special benefit, exemption from a duty, or immunity from penalty, given to a particular person, a group or a class of people.

privilege

noun advantage, affranchisement, allowance, authority, authorization, beneficium, benefit, chance, dispensation, enfranchisement, entitlement, favor, franchise, freedom, grant, honor, immunitas, immunity, indulgence, liberty, license, opportunity, permission, perquisite, prerogative, priority, release, right, title, tolerance, vouchsafement, warrant
Associated concepts: executive privilege, immunity, priviiege against self-incrimination, privileged communications, privileged statement, privileges and immunities, qualified privilege
Foreign phrases: Privilegium est beneficium personale, et exxinguitur cum persona.A privilege is a personal benefit, and is extinguished with the death of the person. Privilegium non valet contra rempublicam. A privilege is of no avail against the state. Necessitas inducit privilegium quo ad jura privata. Necessity gives a privilege with reference to private rights.
See also: advantage, allow, authority, authorize, birthright, capacity, charter, claim, concede, concession, dispensation, droit, easement, empower, enable, exception, exclusion, excuse, exemption, franchise, free, freedom, grant, immunity, impunity, invest, let, liberty, license, option, palliate, patent, permit, prerogative, prize, right, sanction, vest

privilege

a right or immunity in connection with legal proceedings conferred upon a person by virtue of his position. For example, in the law of evidence a person may generally refuse to answer a question on the grounds that the answer might incriminate him; likewise, a spouse may refuse to answer questions about the other spouse in relation to events occurring during the time of their marriage. The word has a specialized meaning in the context of the law of defamation.

PRIVILEGE, civil law. A right which the nature of a debt gives to a creditor, and which entitles him to be preferred before other creditors. Louis. Code, art. 3153; Dict. de Juris. art. Privilege: Domat, Lois Civ. liv. 2, t. 1, s. 4, n. 1.
     2. Creditors of the same rank of privileges, are paid in concurrence, that is, on an equal footing. Privileges may exist either in movables, or immovables, or both at once. They are general or special, on certain movables. The debts which are privileged on all the movables in general, are the following, which are paid in this order. 1. Funeral charges. 2. Law charges, which are such as are occasioned by the prosecution of a suit before the courts. But this name applies more particularly to costs, which the party cast has to pay to the party gaining the cause. It is in favor of these only that the law grants the privilege. 3. Charges, of whatever nature, occasioned by the last sickness, concurrently among those to whom they are due; see Last sickness. 4. The wages of servants for the year past, and so much as is due for the current year. 5. Supplies of provisions made to the debtor or his family during the last six months, by retail dealers, such as bakers, butchers, grocers; and during the last year by keepers of boarding houses and taverns. 6. The salaries of clerks, secretaries, and other persons of that kind. 7. Dotal rights, due to wives by their husbands.
     3. The debts which are privileged on particular movables, are, 1. The debt of a workman or artisan for the price of his labor, on the movable which he has repaired, or made, if the thing continues still in his possession. 2. That debt on the pledge which is in the creditor's possession. 3. The carrier's charges and accessory expenses on the thing carried. 4. The price due on movable effects, if they are yet in the possession of the purchaser; and the like. See Lien.
     4. Creditors have a privilege on immovables, or real estate in some, cases, of which the following are instances: 1. The vendor on the estate by him sold, for the payment of the price, or so much of it as is due whether it be sold on or without a credit. 2. Architects and undertakers, bricklayers and other workmen employed in constructing, rebuilding or repairing houses, buildings, or making other works on such houses, buildings, or works by them constructed, rebuilt or repaired. 3. Those who have supplied the owner with materials for the construction or repair of an edifice or other work, which he has erected or repaired out of these materials, on the edifice or other work constructed or repaired. Louis. Code, art. 3216. See, generally, as to privilege. Louis. Code, tit. 21; Code Civ. tit. 18; Dict. de Juris. tit. Privilege; Lien; Last sickness; Preference.

PRIVILEGE, mar. law. An allowance to the master of a ship of the general nature with primage, (q.v.) being compensation or rather a gratuity customary in certain trades, and which the law assumes to be a fair and equitable allowance, because the contract on both sides is made under the knowledge such usage by the parties. 3 Chit. Com. Law, 431.

PRIVILEGE, rights. This word, taken its active sense, is a particular law, or a particular disposition of the law, which grants certain special prerogatives to some persons, contrary to common right. In its passive sense, it is the same prerogative granted by the same particular law.
     2. Examples of privilege may be found in all systems of law; members of congress and of the several legislatures, during a certain time, parties and witnesses while attending court; and coming to and returning from the same; electors, while going to the election, remaining on the ground, or returning from the same, are all privileged from arrest, except for treason, felony or breach of the peace.
     3. Privileges from arrest for civil cases are either general and absolute, or limited and qualified as to time or place.
     4.-1. In the first class may be mentioned ambassadors, and their servants, when the debt or duty has been contracted by the latter since they entered into the service of such ambassador; insolvent debtors duly discharged under the insolvent laws; in some places, as in Pennsylvania, women for any debt by them contracted; and in general, executors and administrators, when sued in their representative character, though they have been held to bail. 2 Binn. 440.
     5.-2. In the latter class may be placed, 1st. Members of congress this privilege is strictly personal, and is not only his own, or that of his constituent, but also that of the house of which he is a member, which every man is bound to know, and must take notice of. Jeff. Man. Sec. 3; 2 Wils. R. 151; Com. Dig. Parliament, D. 17. The time during which the privilege extends includes all the period of the session of congress, and a reasonable time for going to, and returning from the seat of government. Jeff. Man. Sec. 3; Story, Const. Sec. 856 to 862; 1 Kent, Com. 221; 1 Dall. R. 296. The same privilege is extended to the members of the different state legislatures.
     6.-2d. Electors under the constitution and laws of the United States, or of any state, are protected from arrest for any civil cause, or for any crime except treason, felony, or a breach of the peace, eundo, morando, et redeundo, that is, going to, staying at, or returning from the election.
     7.-3d. Militia men, while engaged in the performance of military duty, under the laws, and eundo, morando et redeundo.
     8.-4th. All persons who, either necessarily or of right are attending any court or forum of justice, whether as judge, juror, party interested or witness, and eundo, morando et redeundo. See 6 Mass. R, 245; 4 Dall. R. 329, 487; 2 John. R. 294; 1 South. R. 366; 11 Mass. R. 11; 3 Cowen, R. 381; 1 Pet. C. C. R. 41.
     9. Ambassadors are wholly exempt from arrest for civil or criminal cases.
     Vide Ambassador. See, generally, Bac. Ab. h.t.; 2 Rolle's Ab. 272; 2 Lilly's Reg. 369; Brownl. 15; 13 Mass. R. 288; 1 Binn. R. 77; 1 H. Bl. 686; Bouv. Inst. Index, h.t.

References in classic literature ?
Ye know, Mas'r George, ye oughtenter feel 'bove nobody, on 'count yer privileges, 'cause all our privileges is gi'n to us; we ought al'ays to 'member that," said Aunt Chloe, looking quite serious.
And you never can be sorry for the trouble you took to learn them; for knowl- edge is worth more than anything there is in the world; it's what makes great men and good men; you'll be a great man and a good man yourself, some day, Thomas, and then you'll look back and say, It's all owing to the precious Sunday-school privileges of my boyhood -- it's all owing to my dear teachers that taught me to learn -- it's all owing to the good superintendent, who en- couraged me, and watched over me, and gave me a beautiful Bible -- a splendid elegant Bible -- to keep and have it all for my own, always -- it's all owing to right bringing up
And he who becomes master of a city accustomed to freedom and does not destroy it, may expect to be destroyed by it, for in rebellion it has always the watchword of liberty and its ancient privileges as a rallying point, which neither time nor benefits will ever cause it to forget.
By this method the ardour of research in that direction would have been restrained without infringing the sacred privileges of science.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
Certains droits et privileges de la noblesse me paraissent etre des moyens de soutenir ce sentiment.
Her descent from one of these gods was no surprise to her, but matter for satisfaction, until, as the years wore on, the privileges of her lot were taken for granted, and certain drawbacks made themselves very manifest.
The compiler described himself as having enjoyed certain special privileges.
In reality, the wages had been raised much higher, and the privileges were correspondingly greater.
As a matter of fact, if the priest has possessions and privileges, he at once appears in the light of an oppressor.
A veritable witness have you hitherto been, Ishmael; but have a care how you seize the privilege of Jonah alone; the privilege of discoursing upon the joists and beams; the rafters, ridge-pole, sleepers, and under-pinnings, making up the frame-work of leviathan; and belike of the tallow-vats, dairy-rooms, butteries, and cheeseries in his bowels.
A charming old Italian writer has laid down the canons of perfect feminine beauty with much nicety in a delicious discourse, which, as he delivered it in a sixteenth- century Florentine garden to an audience of beautiful and noble ladies, an audience not too large to be intimate and not too small to be embarrassing, it was his delightful good fortune and privilege to illustrate by pretty and sly references to the characteristic beauties of the several ladies seated like a ring of roses around him.