Maxim 10.7.5
Laws ought to have greater force than any exception.
Leges majorem vim habere debent quam exceptiones.
Source: Halk. Max. 74
Difficulty 2/5 — Approachable
Explanation
The exception must always remain subordinate to the general rule; an exception that swallows the rule destroys the legislative intent and is void.
Where this applies
- The exception is being expanded so much it's swallowing the entire rule.
- An exception that's bigger than the rule it supposedly limits is invalid.
- Exceptions must always remain subordinate to the general law.
Legal domains
See also
Cite this maxim
NeCede Max. 10.7.5 — Laws ought to have greater force than any exception. — Halk. Max. 74 (Leges majorem vim habere debent quam exceptiones.)
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