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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