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NeCede's

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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