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NeCede's

Maxim 1.2.10

Many things in the common law have been introduced, for the public good, which are inconsistent with abstract reasoning.

Multa in jure communi, contra rationem disputandi, pro communi utilitate introducta sunt.

Source: Co. Litt. 70b; Broom, Max. 158; 2 Co. 75; Weisman, 71g Difficulty 3/5 — Intermediate

Explanation

The common law is practical, not theoretical — it sometimes adopts rules that serve the public good even when pure logic might point elsewhere.

Where this applies

  • A common law rule seems illogical in theory but works well in practice.
  • Someone argues that a longstanding legal rule should be abolished because it does not follow pure logic.

Legal domains

See also

Cite this maxim

NeCede Max. 1.2.10 — Many things in the common law have been introduced, for the public good, which are inconsistent with abstract reasoning. — Co. Litt. 70b; Broom, Max. 158; 2 Co. 75; Weisman, 71g (Multa in jure communi, contra rationem disputandi, pro communi utilitate introducta sunt.)

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