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NeCede's

Maxim 1.7.20

The law cannot fail in dispensing justice.

Lex deficere non potest in justitia exhibenda.

Source: Co. Litt. 197 Difficulty 1/5 — Foundational

Explanation

If the law appears to fail a party seeking justice, the fault lies in the application, not in the law itself. A court must find a way to do justice within the law.

Where this applies

  • A person cannot find a legal remedy for a clear injustice.
  • The court system seems unable to provide justice in a particular case.

Legal domains

See also

Cite this maxim

NeCede Max. 1.7.20 — The law cannot fail in dispensing justice. — Co. Litt. 197 (Lex deficere non potest in justitia exhibenda.)

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