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NeCede's

Maxim 1.5.29

Application is the life of a rule.

Applicatio est vita regulae.

Source: 2 Bulst. 79; Weisman, 95q Difficulty 2/5 — Approachable

Explanation

A rule that is never applied is dead letter — rules exist to govern actual cases, and their meaning is known only through their application to real facts.

Where this applies

  • A legal rule has never been applied to an actual case.
  • Someone argues that a rule should be tested in practice before being relied on.

Legal domains

See also

Cite this maxim

NeCede Max. 1.5.29 — Application is the life of a rule. — 2 Bulst. 79; Weisman, 95q (Applicatio est vita regulae.)

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