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NeCede's

Maxim 10.9.17

Of things equal, the reason is the same, and the same is the law.

Source: Black's, 873; Weisman, 97l Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Where things are truly equal in their essential character, the same reason and the same law govern both — parity of reason demands parity of treatment.

Where this applies

  • Two neighboring property owners both had their land taken by eminent domain under identical circumstances — parity of reason demands they receive equal compensation.
  • A court rules that two defendants charged with the same crime under the same facts must be treated the same way at sentencing — equal things, equal law.
  • Two employees with identical job duties and performance records are laid off, but one gets severance and the other doesn't — the one denied severance argues that equal situations demand equal treatment.

Legal domains

Cite this maxim

NeCede Max. 10.9.17 — Of things equal, the reason is the same, and the same is the law. — Black's, 873; Weisman, 97l

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