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NeCede's

Maxim 12.12.6

It is inequitable to permit some to trade, and to prohibit others.

Iniquum est alios permittere, alios inhibere mercaturam.

Source: 3 Co. Inst. 181; Bouvier; Weisman, 35o Difficulty 1/5 — Foundational

Explanation

The right to engage in commerce belongs equally to all — selective enforcement that allows some to trade while barring others from the same market is a species of injustice the law will not countenance.

Where this applies

  • The government lets some businesses trade but blocks others from the same market.
  • Selective enforcement that allows some to trade while prohibiting others is unjust.
  • Everyone should have equal access to engage in commerce.

Legal domains

Cite this maxim

NeCede Max. 12.12.6 — It is inequitable to permit some to trade, and to prohibit others. — 3 Co. Inst. 181; Bouvier; Weisman, 35o (Iniquum est alios permittere, alios inhibere mercaturam.)

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