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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