Maxim 1.5.14
The law does not arise from the rule, but the rule from the law.
Non ex regula jus sumatur, sed ex jure quod est regula fiat.
Source: Trayner, Lat. Max. 384; Dig. 50.17.1; Weisman, 95bb
Difficulty 2/5 — Approachable
Explanation
Maxims and rules are summaries of the law, not its source — when the maxim and the underlying law diverge, the law governs.
Where this applies
- Someone cites a maxim as if it were the law itself rather than a summary of the law.
- A party relies on a legal shorthand instead of the underlying principle.
Legal domains
See also
Cite this maxim
NeCede Max. 1.5.14 — The law does not arise from the rule, but the rule from the law. — Trayner, Lat. Max. 384; Dig. 50.17.1; Weisman, 95bb (Non ex regula jus sumatur, sed ex jure quod est regula fiat.)
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