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NeCede's

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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