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
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