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NeCede's

Maxim 12.3.9

Law that is deficient is better than law that is uncertain.

Source: Lofft. 395; Weisman, 15h Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A legal system with gaps is preferable to one riddled with ambiguity — it is better to have no rule on a point than a rule so vague that no one can follow it.

Where this applies

  • A legal system has no statute governing drone flights, creating a gap — but that gap is less harmful than a drone regulation so ambiguous that no pilot knows whether flying at 200 feet is legal or not.
  • A state has no specific law on surrogacy contracts, which is a deficiency — but that is preferable to a surrogacy law so vaguely written that courts interpret it differently every time.
  • A city lacks an ordinance on food trucks, leaving vendors without clear rules — but that absence is better than an ordinance so poorly drafted that vendors and inspectors disagree on what it requires.

Legal domains

Cite this maxim

NeCede Max. 12.3.9 — Law that is deficient is better than law that is uncertain. — Lofft. 395; Weisman, 15h

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