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NeCede's

Maxim 12.1.7

No argument can be drawn against the use of a thing from its abuse.

Ab abusu ad usum non valet consequentia.

Source: Branch, Princ.; Broom, Max. 17; Weisman, 8h Difficulty 1/5 — Foundational

Explanation

The misuse of a right or power does not prove the right or power itself is defective — abuse is an argument for correction, not abolition.

Where this applies

  • The fact that a right can be abused doesn't mean the right itself should be taken away.
  • Abuse of a power is an argument for correcting the abuse, not abolishing the power.
  • Misuse doesn't justify eliminating the use altogether.

Legal domains

See also

Cite this maxim

NeCede Max. 12.1.7 — No argument can be drawn against the use of a thing from its abuse. — Branch, Princ.; Broom, Max. 17; Weisman, 8h (Ab abusu ad usum non valet consequentia.)

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