Maxim 10.3.9
It is a wretched state of things when the law is vague or uncertain.
Misera est servitus ubi jus est vagum aut incertum.
Source: 2 Salk. 512; Weisman, 6d; Weisman, 15i
Difficulty 1/5 — Foundational
Explanation
Vague law is no law at all; it subjects the People to the arbitrary will of whoever interprets it, rather than to a fixed and knowable rule. (Duplicate maxim — see also 2.3.7.)
Where this applies
- The law is so vague nobody knows what it requires or prohibits.
- A vague statute subjects people to arbitrary enforcement.
- People can't follow a law they can't understand — vague laws are oppressive.
Legal domains
See also
Cite this maxim
NeCede Max. 10.3.9 — It is a wretched state of things when the law is vague or uncertain. — 2 Salk. 512; Weisman, 6d; Weisman, 15i (Misera est servitus ubi jus est vagum aut incertum.)
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