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NeCede's

Maxim 1.5.308

The greater number contains in itself the less also.

Source: Bract. fol. 16; Dig. 50, 17, 110; Broom, Max. 174; 5 Coke, 115; Jenk. Cent. 208; Bouv. 124; Weisman, 95ii Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A grant or power that encompasses the greater necessarily includes the lesser — one who may convey the whole may convey a part, and one authorized to do the major act may do the minor.

Where this applies

  • A landowner who has the power to sell an entire parcel of land necessarily has the power to sell a portion of it, because the greater power includes the lesser.
  • A parent with full legal authority over a child's education has the power to make individual curriculum choices, since the authority over the whole encompasses authority over each part.
  • A legislature that has the power to repeal an entire statute certainly has the power to amend a single section of it, because the greater contains the less.

Legal domains

Cite this maxim

NeCede Max. 1.5.308 — The greater number contains in itself the less also. — Bract. fol. 16; Dig. 50, 17, 110; Broom, Max. 174; 5 Coke, 115; Jenk. Cent. 208; Bouv. 124; Weisman, 95ii

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