Maxim 1.3.7
Reason is the formal cause of custom.
Ratio est formalis causa consuetudinis.
Source: Black's 992; Bouvier, Max. 155; Weisman, 27g
Difficulty 2/5 — Approachable
Explanation
A custom that lacks a rational foundation is no true custom — when reason departs, the custom falls with it.
Where this applies
- Someone argues that a custom should be followed even though its original reason no longer exists.
- A practice continues out of habit but has no rational basis anymore.
Legal domains
See also
Cite this maxim
NeCede Max. 1.3.7 — Reason is the formal cause of custom. — Black's 992; Bouvier, Max. 155; Weisman, 27g (Ratio est formalis causa consuetudinis.)
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