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NeCede's

Maxim 10.7.8

The exception also declares the rule.

Exceptio quoque regulam declarat.

Source: Bac. Aph. 17; Bouvier; Weisman, 40e Difficulty 2/5 — Approachable

Explanation

An exception is not merely a carve-out; it is an affirmative declaration of the scope and content of the rule from which it departs — by showing what is excluded, it illuminates what is included.

Where this applies

  • The exception tells us exactly what the rule covers by showing what it excludes.
  • By carving out what's excluded, the exception illuminates what's included.
  • The exception is an affirmative declaration of the rule's scope.

Legal domains

Cite this maxim

NeCede Max. 10.7.8 — The exception also declares the rule. — Bac. Aph. 17; Bouvier; Weisman, 40e (Exceptio quoque regulam declarat.)

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