Legal Definitions - jus merae facultatis

Definition:

Jus merae facultatis refers to a legal right that grants an individual or entity the power or ability to perform a specific action, without imposing any corresponding obligation on others to facilitate that action or refrain from interfering with it. It is a right of mere capacity to act, rather than a right to demand something from another party. Essentially, it describes the freedom to do something, rather than a claim to have something done for you.

Explanation and Examples:

• Example 1: A Property Owner's Right to Build

  A homeowner owns a plot of land zoned for residential use. They have the jus merae facultatis to construct a shed in their backyard, provided it complies with local building codes and regulations.

  How this illustrates jus merae facultatis: This right grants the homeowner the power to build the shed themselves. It does not obligate their neighbors to help them build it, nor does it create a claim against anyone else to construct the shed for them. It is simply their inherent power to act on their own property.

• Example 2: The Right to Vote

  In a democratic country, every eligible citizen possesses the jus merae facultatis to cast a ballot in an election.

  How this illustrates jus merae facultatis: This right gives citizens the power to participate in the electoral process. It does not, however, obligate them to vote, nor does it create a claim against the government or other citizens to force them to vote. It is the freedom and power to exercise their civic duty if they choose.

• Example 3: The Right to Remain Silent

  An individual being questioned by law enforcement has the jus merae facultatis to remain silent and not answer any questions.

  How this illustrates jus merae facultatis: This right provides the individual with the power to choose not to speak. It does not impose an obligation on the police to make them speak, nor does it create a claim against anyone to ensure they remain silent. It is purely the power to exercise their discretion in a particular situation.