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NeCede's

Maxim 1.7.15

Law is the dictate of reason.

Lex est dictamen rationis.

Source: Jenk. Cent. 117; Co. Litt. 319; Weisman, 71nn; Weisman, 77o Difficulty 1/5 — Foundational

Explanation

Law is not the arbitrary will of the legislator but the product of right reason applied to the governance of human affairs — an enactment contrary to reason is no law at all.

Where this applies

  • A regulation is issued that contradicts basic logic and reason.
  • A law is challenged because it is purely arbitrary with no rational basis.

Legal domains

See also

Cite this maxim

NeCede Max. 1.7.15 — Law is the dictate of reason. — Jenk. Cent. 117; Co. Litt. 319; Weisman, 71nn; Weisman, 77o (Lex est dictamen rationis.)

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