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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