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NeCede's

Maxim 1.5.118

The law of England is a law of mercy.

Lex Angliae est lex misericordiae.

Source: 2 Inst. 315; Jackson Difficulty 2/5 — Approachable

Explanation

The English common law tradition, inherited by the American system, is grounded in mercy — harsh or oppressive constructions are disfavored whenever a merciful reading is available.

Where this applies

  • A harsh punishment is challenged as inconsistent with the spirit of mercy in the law.
  • A court considers whether a severe interpretation is appropriate given the law's merciful tradition.

Legal domains

Cite this maxim

NeCede Max. 1.5.118 — The law of England is a law of mercy. — 2 Inst. 315; Jackson (Lex Angliae est lex misericordiae.)

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