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§ 1866.Interpretation Favoring Natural Right Adopted When Statute Equally Susceptible of Two Interpretations

Title 1. Of the General Principles of Evidence · Enacted 1872 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1866 provides that when a statute or instrument is equally susceptible of two interpretations, one favoring natural right and the other against it, courts must adopt the interpretation that favors natural right.

Full Text of § 1866

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When a statute or instrument is equally susceptible of two interpretations, one in favor of natural right, and the other against it, the former is to be adopted.

Plain-English Summary

This closing canon of Title 1 breaks a genuine tie in favor of fairness. When a statute or instrument can plausibly be read two ways, one consistent with natural right and one against it, and neither reading is otherwise more supportable than the other, the court adopts the reading that favors natural right.

The rule only comes into play once the other interpretive tools in this Title, legislative or party intent, the circumstances of drafting, the ordinary meaning of the words, have left the text equally open to either reading. It is a canon of last resort for true ties, not a license to override language that already points clearly in one direction.

Frequently Asked Questions

When does the natural-right canon in Section 1866 apply?

Only when a statute or instrument is equally susceptible of two interpretations, one favoring natural right and the other against it.

What happens if one interpretation is already better supported by the text or the circumstances?

Then the tie this section resolves does not exist, and the other interpretive canons in this Title govern instead.

Does this canon let a court rewrite clear statutory language?

No. It applies only where the text is equally open to either reading; it is not a tool for overriding unambiguous language.

Amendment History

Enacted 1872.

Source & verification. Section text is reproduced verbatim from the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: interpretation favoring natural right californiatiebreaker canon of construction civil procedure