Maxim 1.7.14
The laws are silent amid arms.
Silent leges inter arma.
Source: 4 Inst. 70; Cicero, Pro Milone 4.11; Weisman, 9d
Difficulty 2/5 — Approachable
Explanation
In times of open conflict or armed tumult, the ordinary processes of law are necessarily suspended — but this maxim is a description of fact, not a license for tyranny; the moment arms are laid down, the law resumes its full authority.
Where this applies
- Martial law is declared and normal legal processes are suspended.
- During a military emergency, the civilian courts defer to military authority.
Legal domains
See also
Cite this maxim
NeCede Max. 1.7.14 — The laws are silent amid arms. — 4 Inst. 70; Cicero, Pro Milone 4.11; Weisman, 9d (Silent leges inter arma.)
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