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.)
Found an error? Suggest a correction →