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NeCede's

Maxim 1.5.1

Law is the highest reason, which commands what is useful and necessary, and forbids what is contrary thereto.

Lex est ratio summa, quae jubet quae sunt utilia et necessaria, et contraria prohibet.

Source: Co. Litt. 319b; Jenk. Cent. p. 117; 2 Inst. 587; Jackson 504 Difficulty 1/5 — Foundational

Explanation

True law is grounded in reason — it commands what is beneficial and forbids what is harmful. An enactment that commands what is harmful or forbids what is useful has departed from law.

Where this applies

  • Someone argues that law is just about power and has nothing to do with justice.
  • A regulation exists that clearly serves no good purpose.

Legal domains

constitutionalinterpretation

See also

Cite this maxim

NeCede Max. 1.5.1 — Law is the highest reason, which commands what is useful and necessary, and forbids what is contrary thereto. — Co. Litt. 319b; Jenk. Cent. p. 117; 2 Inst. 587; Jackson 504 (Lex est ratio summa, quae jubet quae sunt utilia et necessaria, et contraria prohibet.)

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