Maxim 12.11.14
That consideration is strongest which determines in favor of religion.
Source: Co. Litt. 341a; 5 Coke, 14b; Dig. 11, 7, 43; Weisman, 49g
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) When competing legal considerations are weighed, the one that favors religion carries the greatest weight — the law preferentially protects the sacred over the secular.
Where this applies
- A court weighs whether to allow a highway to be built through a historic cemetery — the consideration favoring the sanctity of the burial ground carries extra weight.
- A zoning board considers competing proposals for a parcel of land: a shopping center versus a new church — the consideration that favors religion is given priority.
- A judge must decide whether a hospital can override a patient's religiously motivated refusal of a blood transfusion — the weight of religious conscience tips the balance.
Legal domains
Cite this maxim
NeCede Max. 12.11.14 — That consideration is strongest which determines in favor of religion. — Co. Litt. 341a; 5 Coke, 14b; Dig. 11, 7, 43; Weisman, 49g
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