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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