public
The public, or the body politic, refers to the collective people of a state, nation, or municipality. The term originates from the Latin publicus, meaning “pertaining to the people, state, or community.”
In legal contexts, public describes anything that falls under government ownership, authority, or control, or that is available for common use by the community. This contrasts with private, which refers to property, rights, or activities belonging to individuals or private entities. The distinction appears in terms such as public and private schools, utilities, hospitals, lands, or roads.
For example, in California v. San Luis Obispo Sportsman’s Association, 29 Cal. 3d 845 (1981), the California Supreme Court interpreted “public lands” under the state constitution to mean lands owned by the state and held for purposes compatible with general public access, excluding areas devoted to special or restricted governmental functions such as prisons or mental institutions.
[Last reviewed in November of 2025 by the Wex Definitions Team]
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