Maxim 8.2.11
Public rights are to be preferred to private.
Jura publica anteferenda privatis.
Source: Co. Litt. 130; Jackson
Difficulty 1/5 — Foundational
Explanation
Where a private claim conflicts with a recognized public right — such as navigation on public waters, passage on public highways, or access to common lands — the public right prevails. This maxim does not authorize government to override individual natural rights in the name of collective benefit.
Where this applies
- A private developer's project conflicts with public access to a park — the public interest wins.
- My personal property rights conflict with a legitimate public need — how is that resolved?
Legal domains
Cite this maxim
NeCede Max. 8.2.11 — Public rights are to be preferred to private. — Co. Litt. 130; Jackson (Jura publica anteferenda privatis.)
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