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NeCede's

Maxim 12.6.3

Necessity makes that lawful which otherwise is not lawful.

Necessitas facit licitum quod alias non est licitum.

Source: 10 Co. 61; 2 Inst. 326; Fleta, lib. 5, c. 23, s. 14; Weisman, 83c Difficulty 1/5 — Foundational

Explanation

An act that would ordinarily be unlawful may be justified by true necessity — but the actor bears the burden of proving the necessity was genuine and the response proportionate.

Where this applies

  • I broke the law because I had no other choice and lives were at stake.
  • True necessity can make an otherwise unlawful act lawful.
  • The necessity must be real and the response proportionate.

Topics

Necessity

Legal domains

criminal

See also

Cite this maxim

NeCede Max. 12.6.3 — Necessity makes that lawful which otherwise is not lawful. — 10 Co. 61; 2 Inst. 326; Fleta, lib. 5, c. 23, s. 14; Weisman, 83c (Necessitas facit licitum quod alias non est licitum.)

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