Legal Definitions - summo jure

Summo jure is a Latin phrase that historically referred to a right or claim considered to be of the highest possible order, absolute, and undeniable. It signifies a right based on fundamental principles of justice, natural law, or an inherent authority, rather than on specific statutes or agreements. It implies a right that stands above all others, often invoked in contexts where a foundational or ultimate claim was being asserted.

• Example 1: Imagine a medieval monarch asserting their inherent authority to levy taxes for the defense of the realm, claiming this power "summo jure." They would argue that this right is not granted by any specific charter or parliamentary act, but rather stems from their fundamental position as sovereign and the ultimate responsibility to protect their kingdom.

  Explanation: This illustrates "summo jure" because the monarch's claim to tax is presented as an absolute, foundational right of sovereignty, not one derived from lesser legal instruments or agreements.

• Example 2: Consider a historical philosophical debate where thinkers argued for the "summo jure" of individuals to resist tyrannical rule. They would contend that the right to freedom and self-governance is a fundamental human right, superior to any laws imposed by an oppressive government, and therefore, resistance is justified by this highest right.

  Explanation: Here, "summo jure" represents the appeal to a fundamental, natural right (the right to resist tyranny) that is considered paramount over conventional legal structures imposed by an unjust authority.

• Example 3: In ancient legal systems, a community might assert its "summo jure" to access a shared natural resource, like a river or forest, that has been traditionally used by its members for generations. This claim would be based on long-standing custom, necessity, and an inherent connection to the land, rather than solely on a written decree or a recent governmental regulation.

  Explanation: This example demonstrates "summo jure" as a claim based on an ultimate, inherent right derived from deep-rooted tradition and natural connection, considered superior to more recent or formal legal documents that might attempt to restrict such access.