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NeCede's

Maxim 12.9.12

In customs, not the length of time but the strength of the reason should be considered.

In consuetudinibus, non diuturnitas temporis sed soliditas rationis est consideranda.

Source: Co. Litt. 141; Jackson Difficulty 2/5 — Approachable

Explanation

A custom is validated not merely by its age but by the soundness of its underlying reason; an unreasonable custom, however ancient, is no law.

Where this applies

  • A custom's validity comes from its reasonableness, not just from how old it is.
  • An unreasonable custom shouldn't be upheld just because it's ancient.
  • The strength of the reason behind a custom matters more than its age.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 12.9.12 — In customs, not the length of time but the strength of the reason should be considered. — Co. Litt. 141; Jackson (In consuetudinibus, non diuturnitas temporis sed soliditas rationis est consideranda.)

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