Skip to content
NeCede's

Maxim 1.5.59

To refer errors to their principles is to refute them.

Errores ad sua principia referre, est refellere.

Source: 3 Inst. 15; Jackson; Wharton; Weisman, 37j Difficulty 3/5 — Intermediate

Explanation

The surest way to expose a legal error is to trace it back to the principle from which it claims to derive — when the principle does not support the conclusion, the error is laid bare.

Where this applies

  • A legal error is exposed by tracing it back to the principle it claims to follow.
  • Someone debunks a bad legal argument by showing its premise is wrong.

Legal domains

contractprocedural

Cite this maxim

NeCede Max. 1.5.59 — To refer errors to their principles is to refute them. — 3 Inst. 15; Jackson; Wharton; Weisman, 37j (Errores ad sua principia referre, est refellere.)

Found an error? Suggest a correction →