Maxim 1.5.163
A reason cannot be given for all the laws that have been established by our ancestors.
Non omnium quae a majoribus nostris constituta sunt ratio reddi potest.
Source: D. 1, 3, 20; Jackson; Weisman, 60o
Difficulty 2/5 — Approachable
Explanation
Some laws rest on grounds that time has obscured — the inability to articulate their reason does not invalidate them, but neither does their antiquity alone justify their perpetuation.
Where this applies
- An ancient law's original purpose has been forgotten but it still applies.
- Someone challenges an old rule because nobody remembers why it was created.
Legal domains
Cite this maxim
NeCede Max. 1.5.163 — A reason cannot be given for all the laws that have been established by our ancestors. — D. 1, 3, 20; Jackson; Weisman, 60o (Non omnium quae a majoribus nostris constituta sunt ratio reddi potest.)
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