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NeCede's

Maxim 1.7.47

That which is or lawful in the less shall be lawful in the greater; and that which is not lawful in the greater shall neither be lawful in the less.

Source: Co. Litt. 260a; 8 Coke, 48; Weisman, 73h Difficulty 1/5 — Foundational

Explanation

(English-origin maxim.) What is lawful in the lesser case is also lawful in the greater, and what is unlawful in the greater is also unlawful in the lesser — use this to argue by analogy from established precedent to a stronger or weaker case.

Where this applies

  • If a lesser exercise of a right is lawful, a greater exercise of the same right cannot be prohibited.
  • What is prohibited in the greater case is also prohibited in the lesser — analogy from strong to weak precedent.

Legal domains

Cite this maxim

NeCede Max. 1.7.47 — That which is or lawful in the less shall be lawful in the greater; and that which is not lawful in the greater shall neither be lawful in the less. — Co. Litt. 260a; 8 Coke, 48; Weisman, 73h

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