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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