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NeCede's

Maxim 1.5.297

There is no reasoning of principles; no argument is required to prove fundamental rules.

Source: 2 Bulst. 239; Weisman, 95f Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) First principles of law — such as the right to life, liberty, and property — need no proof or demonstration; they are self-evident axioms upon which all other legal reasoning depends.

Where this applies

  • A party demands that their opponent prove the self-evident truth that a person has a right to defend their own life, and the court refuses to require proof of a fundamental axiom.
  • An attorney argues that the principle 'no one shall be a judge in his own cause' needs evidentiary support, and the court holds that first principles of justice are self-evident and require no demonstration.
  • A government agency challenges the foundational rule that property cannot be taken without due process, demanding empirical proof, and the court holds that bedrock principles need no argument to establish.

Legal domains

Cite this maxim

NeCede Max. 1.5.297 — There is no reasoning of principles; no argument is required to prove fundamental rules. — 2 Bulst. 239; Weisman, 95f

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