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NeCede's

Maxim 1.7.46

There are some things which are not proper though lawful; but certainly those things are not proper which are not lawful.

Source: Hob. 159; Weisman, 73f Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Something may be technically lawful yet still improper — but what is unlawful can never be proper, and courts will not enforce an act that is both unlawful and improper.

Where this applies

  • A government action that was unconstitutional from the start is defended because years have passed.
  • A void judgment is enforced decades later and someone challenges it as still void.

Legal domains

Cite this maxim

NeCede Max. 1.7.46 — There are some things which are not proper though lawful; but certainly those things are not proper which are not lawful. — Hob. 159; Weisman, 73f

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