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NeCede's

Maxim 4.1.21

Wife and son are names of nature.

Source: 4 Bacon's Works, 350; Weisman, 79k Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The relationships of wife and son are created by nature, not by legal artifice — invoke this to argue that the natural family bond is prior to and independent of any civil regulation.

Where this applies

  • A government agency attempts to redefine the parent-child relationship through regulation, but the court holds that the bond of parent and child is a natural relationship that precedes any civil law.
  • A state tries to require a license before recognizing a woman as a wife; opponents argue that the marital relationship is created by nature and exists independent of any government permission.
  • A custody dispute turns on whether the state can override a biological parent's rights; the court holds that the relationship of parent and child is a name of nature, not a creation of the state.

Legal domains

Cite this maxim

NeCede Max. 4.1.21 — Wife and son are names of nature. — 4 Bacon's Works, 350; Weisman, 79k

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