Maxim 10.6.11
Throughout the whole of the law, the species derogates from the genus, and that which is directed to the species is regarded as most important.
In toto jure generi per speciem derogatur, et illud potissimum habetur quod ad speciem directum est.
Source: Piatt v. Lott, 17 N.Y. 478; Wharton
Difficulty 3/5 — Intermediate
Explanation
A specific provision always overrides a general one on the same subject; the particular controls the general within its own domain.
Where this applies
- Throughout the law, the specific overrides the general and is considered more important.
- The rule directed at the specific case takes precedence over the broader rule.
- Species always derogates from genus — the particular controls within its domain.
Legal domains
See also
Cite this maxim
NeCede Max. 10.6.11 — Throughout the whole of the law, the species derogates from the genus, and that which is directed to the species is regarded as most important. — Piatt v. Lott, 17 N.Y. 478; Wharton (In toto jure generi per speciem derogatur, et illud potissimum habetur quod ad speciem directum est.)
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