Maxim 1.5.20
Reason is the soul of law; when the reason of the law changes, the law itself changes.
Ratio est legis anima; mutata legis ratione, mutatur et lex.
Source: Co. Litt. 70b, 122a; 7 Co. 7; Broom, Max. 159; Jackson 917; Weisman, 71uu
Difficulty 1/5 — Foundational
Explanation
When the underlying reason for a rule has ceased to exist, the rule itself ceases — no law survives the death of the reason that gave it life.
Where this applies
- The original reason for a law no longer applies to the current situation.
- A regulation was created to address a problem that no longer exists.
Legal domains
See also
Cite this maxim
NeCede Max. 1.5.20 — Reason is the soul of law; when the reason of the law changes, the law itself changes. — Co. Litt. 70b, 122a; 7 Co. 7; Broom, Max. 159; Jackson 917; Weisman, 71uu (Ratio est legis anima; mutata legis ratione, mutatur et lex.)
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