Skip to content
NeCede's

Maxim 1.7.7

To investigate is the way to know what things are truly lawful.

Investigare est modus sciendi quae res sint vere licita.

Source: Litt. s. 443; Bouvier, Max. 150; Weisman, 73b Difficulty 1/5 — Foundational

Explanation

Lawfulness is not assumed — it is proved by inquiry. The party asserting lawful authority bears the burden of showing the lawful basis for the act.

Where this applies

  • The lawfulness of a government action is questioned and the facts must be investigated.
  • A court must investigate the circumstances to determine whether an act was lawful.

Legal domains

constitutionalcriminal

See also

Cite this maxim

NeCede Max. 1.7.7 — To investigate is the way to know what things are truly lawful. — Litt. s. 443; Bouvier, Max. 150; Weisman, 73b (Investigare est modus sciendi quae res sint vere licita.)

Found an error? Suggest a correction →