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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