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NeCede's

Maxim 1.5.30

The laws sometimes sleep, but never die.

Dormiunt aliquando leges, nunquam moriuntur.

Source: 2 Inst. 161 Difficulty 2/5 — Approachable

Explanation

A law may fall into disuse or be suspended in extraordinary times, but it is not thereby repealed — when the occasion returns, the dormant law awakens with full force.

Where this applies

  • An old law has not been used in decades but is suddenly invoked.
  • Someone argues a law is dead because it has not been enforced in years.

Legal domains

See also

Cite this maxim

NeCede Max. 1.5.30 — The laws sometimes sleep, but never die. — 2 Inst. 161 (Dormiunt aliquando leges, nunquam moriuntur.)

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