Maxim 10.6.7
When the law is special but its reason is general, the law is to be understood generally.
Quando lex est specialis, ratio autem generalis, generaliter lex est intelligenda.
Source: 2 Inst. 43, 83; 10 Co. 101; Weisman, 98b
Difficulty 3/5 — Intermediate
Explanation
A statute enacted for a particular case but resting on a universal principle extends to all cases governed by that principle.
Where this applies
- A specific statute rests on a universal principle and should be applied generally.
- The law was enacted for a particular case but the reason behind it applies everywhere.
- When the reason for a specific law is general, the law should be understood generally.
Legal domains
See also
Cite this maxim
NeCede Max. 10.6.7 — When the law is special but its reason is general, the law is to be understood generally. — 2 Inst. 43, 83; 10 Co. 101; Weisman, 98b (Quando lex est specialis, ratio autem generalis, generaliter lex est intelligenda.)
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