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NeCede's

Maxim 12.5.3

All excess is reprehended in law.

Omne nimium in lege reprobatur.

Source: Co. Litt. 44; 2 Inst. 107 Difficulty 1/5 — Foundational

Explanation

Moderation is a first principle — every exercise of power, every pleading, every remedy must be proportionate to its purpose.

Where this applies

  • The response was disproportionate to the situation.
  • Excess in any form is condemned by the law — everything must be proportionate.
  • The remedy or action must be measured and proportional to its purpose.

Legal domains

See also

Cite this maxim

NeCede Max. 12.5.3 — All excess is reprehended in law. — Co. Litt. 44; 2 Inst. 107 (Omne nimium in lege reprobatur.)

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