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NeCede's

Maxim 1.5.354

Will stands in place of reason.

Stat pro ratione voluntas.

Source: Wharton, III-326 Difficulty 3/5 — Intermediate

Explanation

In matters of testamentary disposition, the testator's will is itself the reason — he need not justify his bequests. In matters of government, the maxim is cited as a condemnation: where will replaces reason, tyranny begins.

Where this applies

  • A testator leaves his entire estate to whomever he pleases without giving reasons, and the court upholds the will because in testamentary matters the testator's will is itself the justification.
  • A king decrees a tax with no legislative authority, and the court condemns the decree because in governmental matters, will without reason is tyranny.
  • A corporate board makes a decision based on business judgment without explaining every reason, and the court defers because in matters within their discretion, the directors' will stands as their reason.

Legal domains

See also

Cite this maxim

NeCede Max. 1.5.354 — Will stands in place of reason. — Wharton, III-326 (Stat pro ratione voluntas.)

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