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NeCede's

Maxim 12.6.1

Necessity has no law.

Necessitas non habet legem.

Source: Plowd. 18a; Broom, Max. 17; Hob. 144 Difficulty 1/5 — Foundational

Explanation

Where genuine necessity compels, the strict letter of the law yields — but the necessity must be real and present, not speculative or manufactured.

Where this applies

  • I had no choice — the emergency forced me to act outside the normal rules.
  • Necessity made me do something that would otherwise be against the law.
  • In a true emergency, the strict letter of the law has to yield.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 12.6.1 — Necessity has no law. — Plowd. 18a; Broom, Max. 17; Hob. 144 (Necessitas non habet legem.)

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