Maxim 1.5.323
The most unjust peace is to be preferred to the most just war.
Iniquissima pax est anteponenda justissimo bello.
Source: Wharton, III-142
Difficulty 3/5 — Intermediate
Explanation
The law favors settlement and compromise over litigation — even an imperfect resolution by agreement is preferred to the destruction, expense, and uncertainty of protracted legal combat.
Where this applies
- Two neighbors in a bitter property-line dispute agree to a compromise that gives each less than they wanted, and the court enforces the settlement because even an imperfect peace is better than prolonged litigation.
- A divorcing couple accepts a mediator's proposal that neither considers ideal, but the court approves it because a negotiated resolution avoids the destruction of a trial.
- Business partners in a contract dispute agree to split the difference rather than spend years in court, and the judge notes that the law prefers settlement over even the most justified legal battle.
Legal domains
Cite this maxim
NeCede Max. 1.5.323 — The most unjust peace is to be preferred to the most just war. — Wharton, III-142 (Iniquissima pax est anteponenda justissimo bello.)
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