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NeCede's

Maxim 1.5.10

All law has either been derived from the consent of the people, established by necessity, confirmed by custom, or introduced by Divine Providence.

Omne jus aut consensus fecit, aut necessitas constituit, aut firmavit consuetudo, aut quod his defecit Providentia Divina introduxit.

Source: Dig. 1.3.40; Broom, Max. 616; Weisman, 71gg Difficulty 1/5 — Foundational

Explanation

There are only four sources of law — consent, necessity, custom, and divine decree. Any purported law that cannot trace its origin to one of these is no law at all.

Where this applies

  • Someone questions the source of a particular law's authority.
  • A law cannot be traced to consent, necessity, custom, or divine principle.

Legal domains

contractprocedural

See also

Cite this maxim

NeCede Max. 1.5.10 — All law has either been derived from the consent of the people, established by necessity, confirmed by custom, or introduced by Divine Providence. — Dig. 1.3.40; Broom, Max. 616; Weisman, 71gg (Omne jus aut consensus fecit, aut necessitas constituit, aut firmavit consuetudo, aut quod his defecit Providentia Divina introduxit.)

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