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NeCede's

Maxim 1.5.46

Commerce, by the law of nations, ought to be common, and not converted to monopoly and the private gain of a few.

Commercium jure gentium commune esse debet, et non in monopolium et privatum paucorum quaestum convertendum.

Source: 3 Inst. 56; Jackson Difficulty 1/5 — Foundational

Explanation

Trade is a natural right of all men — government-granted monopolies that restrict commerce for the benefit of a privileged few violate the law of nations.

Where this applies

  • A government grants a monopoly to a single company for an essential service.
  • A corporation gets exclusive rights to trade in a certain good, cutting everyone else out.

Legal domains

constitutionalcriminal

Cite this maxim

NeCede Max. 1.5.46 — Commerce, by the law of nations, ought to be common, and not converted to monopoly and the private gain of a few. — 3 Inst. 56; Jackson (Commercium jure gentium commune esse debet, et non in monopolium et privatum paucorum quaestum convertendum.)

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