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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