natural right

natural right
A right which exists regardless of municipal or other law, if not repealed by legal fiat. Sult v Gilbert, 148 Fla 31, 3 So 2d 729. A right inherent in land, such as that of lateral support, of the right to the benefit of the flow of a stream of water, of the right of an owner of land to have the surface water discharged upon the lower land of his neighbor, etc. 25 Am J2d Ease § 6. An inherent political right, founded on a common necessity and interest, such as the right to appropriate the property of a person to the great necessity of the whole community. 26 Am J2d Em D § 1. A right which, in its primary and strictest sense, belongs to each person as a human being in a state of nature. Re Morgan, 26 Colo 415, 58 P 1071; Bednarik v Bednarik, 18 NJ Misc 633, 16 A2d 80. The right of self defense, a right which existed before the formation of society. 26 Am J1st Homi § 126. A fundamental right actually guaranteed by the constitution. 16 Am J2d Const L § 330. A right entitled to constitutional protection in addition to rights protected under the specific guaranty safeguarding a person in his life, liberty, or pursuit of happiness; for example the affection between parent and child, Lacher v Venus, 177 Wis 558, 188 NW 613, 24 ALR 403; for another example, the right to beget children. 16 Am J2d Const L § 330. According to some authority, a concept in the abstract, apart from constitutional rights. Henry v Cherry, 30 RI 13, 73 A 97.

Ballentine's law dictionary. . 1998.

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