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NeCede's

Maxim 1.5.114

Law ought to be made with a view to those cases which happen most frequently, and not to those which are unexpected.

Jus constitui oportet in his quae ut plurimum accidunt, non quae ex inopinato.

Source: D. 1, 3, 8; Jackson; Weisman, 71s Difficulty 1/5 — Foundational

Explanation

Legislation should address the ordinary course of events, not rare exceptions — laws tailored to unusual cases often produce unjust results in common ones.

Where this applies

  • A law is written to address an extremely rare scenario and causes problems in ordinary cases.
  • Legislation targets an unusual situation but creates unintended consequences for everyone.

Legal domains

constitutionalsovereignty

Cite this maxim

NeCede Max. 1.5.114 — Law ought to be made with a view to those cases which happen most frequently, and not to those which are unexpected. — D. 1, 3, 8; Jackson; Weisman, 71s (Jus constitui oportet in his quae ut plurimum accidunt, non quae ex inopinato.)

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