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NeCede's

Maxim 11.1.19

Your motive gives a name to your act.

Source: Bract. 2b, 101b; Weisman, 2j Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The intent behind an act determines its legal classification — the same physical deed may be lawful or unlawful depending on the motive that animates it.

Where this applies

  • A man enters his neighbor's house to rescue a child from a fire — the entry is heroic, not trespassing, because his motive was to save a life.
  • Cutting down a tree on someone else's property is timber theft if done to sell the wood, but justified if done in an emergency to clear a road for an ambulance.
  • A surgeon who cuts into a patient performs a medical procedure; a stranger who does the same thing on the street commits assault — the motive names the act.

Legal domains

Cite this maxim

NeCede Max. 11.1.19 — Your motive gives a name to your act. — Bract. 2b, 101b; Weisman, 2j

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