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NeCede's

Maxim 10.6.15

Things general do not derogate from things special.

Source: Jenk. Cent. 120; Jenk. Cent. 199; Weisman, 98d Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A general statute or provision does not override or repeal a special one on the same subject — the specific controls within its own domain regardless of the general rule.

Where this applies

  • A state has a general business licensing law, and later passes a specific statute governing barbershop licenses with different requirements — the specific barbershop statute controls for barbershops, and the general law doesn't override it.
  • A general traffic law sets speed limits statewide, but a specific school-zone statute sets a lower limit near schools — the school-zone law governs in its own domain despite the broader general rule.
  • A general tax code imposes a flat rate on all sales, but a specific agricultural exemption statute removes that tax from farm equipment — the specific exemption holds against the general rule.

Legal domains

Cite this maxim

NeCede Max. 10.6.15 — Things general do not derogate from things special. — Jenk. Cent. 120; Jenk. Cent. 199; Weisman, 98d

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