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.)
Found an error? Suggest a correction →