Maxim 1.5.309
The mind submits reluctantly to the rule of Law.
Source: Hannay v. Eve, 3 Cranch (7 U.S.) 242, 247; Weisman, 95mm
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Human nature resists legal constraint, which is precisely why the law must be clear, certain, and firmly enforced — the rule of law exists because men will not voluntarily govern themselves by it.
Where this applies
- A judge reluctantly enforces a tax lien that strips a homeowner of property, acknowledging that human nature resists such harsh legal consequences even when the law is clear.
- A debtor resists a lawful garnishment order, and the court notes that the mind naturally rebels against compelled payment, which is precisely why the legal process must be clear and orderly.
- Citizens protest a lawful but unpopular eminent domain taking, and the court observes that resistance to legal constraint is natural, which is why the rule of law must be maintained even when it is unwelcome.
Legal domains
Cite this maxim
NeCede Max. 1.5.309 — The mind submits reluctantly to the rule of Law. — Hannay v. Eve, 3 Cranch (7 U.S.) 242, 247; Weisman, 95mm
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