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NeCede's

Maxim 1.3.13

Custom leads the willing; law compels the unwilling.

Consuetudo volentes ducit, lex nolentes trahit.

Source: Jenk. Cent. 274; Weisman, 27t Difficulty 2/5 — Approachable

Explanation

Custom governs by consent — those who follow it do so willingly. But when custom hardens into law, it compels even those who resist.

Where this applies

  • People voluntarily follow a practice until it becomes legally binding on everyone.
  • A community practice hardens into a rule that even dissenters must follow.

Legal domains

interpretationsovereignty

See also

Cite this maxim

NeCede Max. 1.3.13 — Custom leads the willing; law compels the unwilling. — Jenk. Cent. 274; Weisman, 27t (Consuetudo volentes ducit, lex nolentes trahit.)

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