Maxim 1.3.25
A custom introduced against reason ought rather to be called a usurpation than a custom.
Source: Co. Litt. 113; Weisman, 27b
Explanation
(English-origin maxim.) Custom derives its authority from reason — when a custom contradicts reason, it is not true custom but mere usurpation, and carries no legal weight.
Where this applies
- A government agency claims that because it has always operated a certain way, the practice must be lawful.
- An official defends an overreach as long-standing custom, even though it violates a fundamental right.
Cite this maxim
NeCede Max. 1.3.25 — A custom introduced against reason ought rather to be called a usurpation than a custom. — Co. Litt. 113; Weisman, 27b
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