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NeCede's

Maxim 2.4.22

Natural rights are such as appertain to man, inherent in his nature or plainly assured by natural law, being distinguished from such as are created by law, and depend upon civilized society.

Source: Borden v. State, 11 Ark. 519, 527; 44 Am. Dec. 217; Weisman, 82h Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Natural rights are inherent in man's nature and assured by natural law, while civil rights are created by positive law — cite this to argue that natural rights exist independently of and prior to any government grant.

Where this applies

  • A citizen argues that her right to free speech predates the First Amendment and would exist even without it, because natural rights are inherent in human nature and do not depend on government recognition.
  • A parent asserts that the right to direct the upbringing of his children is a natural right that exists independently of any statute, and the court agrees that it is inherent in the parent's nature, not created by law.
  • A property owner contends that her right to use her own land is not a privilege granted by the state but a natural right that existed before any government was formed.

Legal domains

Cite this maxim

NeCede Max. 2.4.22 — Natural rights are such as appertain to man, inherent in his nature or plainly assured by natural law, being distinguished from such as are created by law, and depend upon civilized society. — Borden v. State, 11 Ark. 519, 527; 44 Am. Dec. 217; Weisman, 82h

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