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NeCede's

Maxim 1.7.1

When laws imposed by the state fail, we must act by the law of nature.

Legibus sumptis desinentibus, lege naturae utendum est.

Source: 2 Roll. R. 298; Weisman, 74a Difficulty 1/5 — Foundational

Explanation

The law of nature is the ultimate fallback — when positive law is silent, absent, or has broken down, men are governed by natural law, which never fails.

Where this applies

  • The government collapses and citizens must rely on natural law to resolve disputes.
  • A statute fails to address a situation and natural law principles fill the gap.

Legal domains

constitutionalinterpretation

See also

Cite this maxim

NeCede Max. 1.7.1 — When laws imposed by the state fail, we must act by the law of nature. — 2 Roll. R. 298; Weisman, 74a (Legibus sumptis desinentibus, lege naturae utendum est.)

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