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NeCede's

Maxim 12.1.16

Novelty benefits not so much by its utility as it disturbs by its novelty.

Novitas non tam utilitate prodest quam novitate perturbat.

Source: Jenk. Cent. 167; Bouvier Difficulty 2/5 — Approachable

Explanation

Innovation in the law is to be approached with caution — a new rule may offer some advantage, but the disruption of settled expectations often outweighs the gain.

Where this applies

  • A new legal rule might help in some ways but the disruption of changing things outweighs the benefit.
  • Innovation in the law should be approached cautiously because stability matters.
  • Novelty disturbs settled expectations more than it helps with its utility.

Legal domains

Cite this maxim

NeCede Max. 12.1.16 — Novelty benefits not so much by its utility as it disturbs by its novelty. — Jenk. Cent. 167; Bouvier (Novitas non tam utilitate prodest quam novitate perturbat.)

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