It's every lawyer's dream to help shape the law, not just react to it.

✨ Enjoy an ad-free experience with LSD+

Legal Definitions - private power

LSDefine

Definition of private power

Private power refers to the authority, influence, or control exercised by individuals, corporations, or other non-governmental entities. Unlike "public power," which is derived from the state or government, private power stems from sources such as property ownership, contractual agreements, corporate structures, or market dominance. It allows private actors to make decisions, set rules, and enforce compliance within their specific spheres of influence, without direct governmental mandate.

  • Example 1: Corporate Workplace Policies

    A large technology company establishes a mandatory code of conduct for all its employees, outlining expectations for professional behavior, dress code, and use of company resources. Employees who violate these rules may face disciplinary action, including termination.

    This illustrates private power because the technology company, a private entity, exercises authority over its employees' conduct within the workplace. This power is derived from the employment contract and the company's ownership of its business operations, allowing it to set and enforce rules without direct governmental intervention regarding specific workplace etiquette.

  • Example 2: Homeowner's Control Over Property

    A homeowner decides to install a security system and places "No Trespassing" signs around their private residence, prohibiting anyone from entering without permission.

    This demonstrates private power as the homeowner, a private individual, uses their property rights to control access to their land. Their authority to exclude others comes from their ownership of the property, allowing them to set boundaries and enforce them without needing a government directive for each specific exclusion.

  • Example 3: Social Media Content Moderation

    A popular online video-sharing platform removes a user's uploaded video because it violates the platform's community guidelines against promoting misinformation, even though the content might not be illegal under government law.

    This shows private power because the video-sharing company, a private corporation, exercises control over the content published on its platform. Its ability to set and enforce content rules stems from its ownership and operation of the platform, allowing it to govern user behavior within its digital space according to its own terms of service, independent of government censorship laws.

Simple Definition

Private power refers to the authority and influence exercised by individuals, corporations, or other non-governmental entities. This encompasses the ability of private actors to make decisions and take actions that impact the rights, interests, or conduct of others, distinct from the coercive power of the state.

It is better to risk saving a guilty man than to condemn an innocent one.

✨ Enjoy an ad-free experience with LSD+