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NeCede's

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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