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NeCede's

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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