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NeCede's

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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