Maxim 1.5.116
It is not safe to obey him who has no right.
Jus non habenti tute non paretur.
Source: Hob. 146; Jackson; Weisman, 99c
Difficulty 2/5 — Approachable
Explanation
Obedience to an authority acting without lawful right may expose the obedient party to liability — one must first satisfy himself that the command comes from legitimate authority.
Where this applies
- Someone obeys an order from a person with no legal authority and gets in trouble.
- A citizen follows the command of an official acting outside his jurisdiction.
Legal domains
Cite this maxim
NeCede Max. 1.5.116 — It is not safe to obey him who has no right. — Hob. 146; Jackson; Weisman, 99c (Jus non habenti tute non paretur.)
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