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NeCede's

Maxim 12.4.2

In a doubtful matter, the negative is to be understood rather than the affirmative.

In re dubia, magis inficiatio quam affirmatio intelligenda.

Source: Godb. 37; Cycl. Dict. 518; Weisman, 32e Difficulty 2/5 — Approachable

Explanation

Where doubt exists as to whether a power has been granted, the presumption is that it has not been — the negative protects against the expansion of authority beyond what was intended.

Where this applies

  • It's unclear whether this authority was granted so the presumption is that it wasn't.
  • When in doubt about whether a power exists, assume it doesn't.
  • The negative is understood in doubtful cases to protect against expansion of authority.

Legal domains

See also

Cite this maxim

NeCede Max. 12.4.2 — In a doubtful matter, the negative is to be understood rather than the affirmative. — Godb. 37; Cycl. Dict. 518; Weisman, 32e (In re dubia, magis inficiatio quam affirmatio intelligenda.)

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