Maxim 1.3.14
From unwritten sources comes that law which use has sanctioned.
Ex non scripto jus venit quod usus comprobavit.
Source: Inst. 1.2.9; Dig. 1.3.35; Jackson 245
Difficulty 2/5 — Approachable
Explanation
The unwritten law — proved by long and uniform practice — is as binding as any statute, and in the common law tradition it is the more ancient authority.
Where this applies
- An unwritten legal tradition is challenged because it was never passed by a legislature.
- Someone argues that only written statutes can be law, ignoring customary rules.
Legal domains
See also
Cite this maxim
NeCede Max. 1.3.14 — From unwritten sources comes that law which use has sanctioned. — Inst. 1.2.9; Dig. 1.3.35; Jackson 245 (Ex non scripto jus venit quod usus comprobavit.)
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