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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