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NeCede's

Maxim 1.5.138

The smallest bodily punishment is greater than any pecuniary one.

Minima pena corporalis est major qualibet pecuniaria.

Source: 2 Inst. 220; Jackson; Weisman, 92y Difficulty 2/5 — Approachable

Explanation

Liberty of the person is more precious than property — the law treats even the slightest restraint on bodily freedom as more serious than any monetary penalty.

Where this applies

  • A person is imprisoned for a minor offense and their confinement is compared to a large fine someone else got.
  • A small amount of jail time is argued to be worse than a huge financial penalty.

Legal domains

Cite this maxim

NeCede Max. 1.5.138 — The smallest bodily punishment is greater than any pecuniary one. — 2 Inst. 220; Jackson; Weisman, 92y (Minima pena corporalis est major qualibet pecuniaria.)

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