Maxim 1.5.257
A new judgment does not make new law, but declares the old.
Novum judicium non dat novum jus, sed declarat antiquum.
Source: 10 Co. 42; Bouvier, Max.; Weisman, 64v
Difficulty 3/5 — Intermediate
Explanation
Courts do not create law; they discover and declare what the law has always been — every valid judgment is a recognition of pre-existing principle.
Where this applies
- A court claims to be making new law in its decision.
- Someone argues that a judicial decision changed the law rather than declared it.
Legal domains
See also
Cite this maxim
NeCede Max. 1.5.257 — A new judgment does not make new law, but declares the old. — 10 Co. 42; Bouvier, Max.; Weisman, 64v (Novum judicium non dat novum jus, sed declarat antiquum.)
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