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NeCede's

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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