Maxim 1.5.283
Law favors life, liberty, and dower.
Source: 4 Bacon's Works, 345; Weisman, 71x; Weisman, 71v; Weisman, 89d
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim — no Latin equivalent; the English title is the original form.) In every doubtful case, the construction that preserves life, protects liberty, or secures a widow's dower is preferred — these are the interests the common law guards most jealously.
Where this applies
- An ambiguous penal statute could impose either a fine or imprisonment, and the court construes it in favor of the defendant's liberty by applying only the fine.
- A contested will provision might either grant or deny a widow her share of the estate, and the court reads it to protect the widow's dower because the law favors dower.
- A statute of limitations is unclear about whether it bars a wrongful death claim, and the court resolves the ambiguity in favor of preserving the claim because the law favors life.
Legal domains
Cite this maxim
NeCede Max. 1.5.283 — Law favors life, liberty, and dower. — 4 Bacon's Works, 345; Weisman, 71x; Weisman, 71v; Weisman, 89d
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