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NeCede's

Maxim 1.3.24

A custom of the truest antiquity is to be retained.

Source: 4 Coke, 78; Weisman, 27v Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A custom of proven antiquity should be preserved and enforced — use this to defend a longstanding practice against legislative or administrative attempts to abolish it.

Where this applies

  • A legislature attempts to abolish the common-law right of self-defense, but the court preserves it because it is a custom of the truest antiquity traceable to time immemorial.
  • A city tries to eliminate the ancient practice of public access to navigable waterways, but the court holds that such a deeply rooted custom must be retained.
  • An agency attempts to remove the longstanding right to a hearing before property deprivation, but the court finds the custom too ancient and fundamental to discard.

Legal domains

Cite this maxim

NeCede Max. 1.3.24 — A custom of the truest antiquity is to be retained. — 4 Coke, 78; Weisman, 27v

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