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NeCede's

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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