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NeCede's

Maxim 1.5.9

Law is a sacred sanction, commanding what is proper and forbidding what is contrary.

Lex est sanctio sancta, jubens honesta, et prohibens contraria.

Source: Coke, 2 Inst. 587; Jackson 505; Weisman, 90e Difficulty 2/5 — Approachable

Explanation

The binding force of law rests on its sacred character — it commands what is honorable and forbids what is dishonorable. When it does the reverse, it forfeits its claim to obedience.

Where this applies

  • A law commands something dishonorable and its sacred character is questioned.
  • A statute forbids what is clearly proper and right.

Legal domains

See also

Cite this maxim

NeCede Max. 1.5.9 — Law is a sacred sanction, commanding what is proper and forbidding what is contrary. — Coke, 2 Inst. 587; Jackson 505; Weisman, 90e (Lex est sanctio sancta, jubens honesta, et prohibens contraria.)

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