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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