Skip to content
NeCede's

Maxim 10.7.10

It is proper that laws be greater than any exception.

Source: Halk. Max. 74; Weisman, 40g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The general law must always be stronger than any exception carved from it; an exception that overpowers the rule it serves is void as an absurdity.

Where this applies

  • A statute grants religious exemptions from a vaccination requirement, but so many categories qualify for exemption that the requirement effectively applies to almost nobody — the exceptions have swallowed the rule.
  • A tax law imposes a duty on all imports, but the list of exempted goods is so long that the general duty barely raises any revenue — the exceptions are greater than the law, which is absurd.
  • A zoning ordinance prohibits commercial use in residential areas, but grants so many variances that the commercial ban is meaningless — the exceptions have overpowered the rule they were supposed to serve.

Legal domains

Cite this maxim

NeCede Max. 10.7.10 — It is proper that laws be greater than any exception. — Halk. Max. 74; Weisman, 40g

Found an error? Suggest a correction →