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NeCede's

Maxim 1.5.367

The disposition of the law is more equitable than that of man.

Source: 8 Coke, 152; Weisman, 71tt Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) The law, when allowed to operate according to its settled principles, produces more just results than the arbitrary discretion of any individual.

Where this applies

  • A judge considers overriding a statutory inheritance scheme to give more to a sympathetic claimant, but declines because the law's settled disposition is more equitable than any individual's sense of fairness.
  • A court is tempted to rewrite a contract to produce a result the judge considers more fair, but restrains itself because the law's established rules of construction yield more reliable justice than ad hoc discretion.
  • A legislator proposes granting a government official broad personal discretion to distribute benefits, but the proposal is rejected because the settled operation of law produces more equitable results than the judgment of any single person.

Legal domains

Cite this maxim

NeCede Max. 1.5.367 — The disposition of the law is more equitable than that of man. — 8 Coke, 152; Weisman, 71tt

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