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NeCede's

Maxim 1.7.18

The law would rather tolerate a private loss than a public evil.

Lex citius tolerare vult privatum damnum quam publicum malum.

Source: Co. Litt. 152 Difficulty 2/5 — Approachable

Explanation

Between private hardship and public harm, the law accepts the former to prevent the latter — but this is a principle of last resort, not a license to sacrifice individual rights at will. In the American system, this principle is bounded by the Bill of Rights — no public interest can destroy a secured right.

Where this applies

  • An individual suffers a loss to prevent a greater harm to the public.
  • A government action harms a few people but protects the community.

Legal domains

See also

Cite this maxim

NeCede Max. 1.7.18 — The law would rather tolerate a private loss than a public evil. — Co. Litt. 152 (Lex citius tolerare vult privatum damnum quam publicum malum.)

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