Maxim 12.6.12
What is necessary is lawful.
Quod est necessarium est licitum.
Source: Jenk. Cent. p. 76, case 45; Weisman, 83b
Difficulty 2/5 — Approachable
Explanation
Necessity justifies what would otherwise be unlawful — when no alternative exists, the law permits acts done out of genuine necessity that it would not otherwise sanction.
Where this applies
- A man breaks down his neighbor's fence to create a firebreak during a wildfire that threatens both homes — the destruction of the fence is lawful because it was necessary to save lives and property.
- A doctor performs an emergency surgery on an unconscious accident victim without consent — the procedure is lawful because it was necessary to save the patient's life.
- A ship captain jettisons cargo during a violent storm to keep the vessel from sinking — the destruction of goods is justified by the necessity of saving the crew.
Legal domains
Cite this maxim
NeCede Max. 12.6.12 — What is necessary is lawful. — Jenk. Cent. p. 76, case 45; Weisman, 83b (Quod est necessarium est licitum.)
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