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NeCede's

Maxim 2.2.23

Power is not synonymous with right.

Source: Poe v. Seaborn, 282 U.S. 101, 113; Weisman, 11v

Explanation

(English-origin maxim.) Having the power to do something does not make it lawful — might does not make right, and every exercise of power must be measured against the law that authorizes it.

Where this applies

  • An agency has the practical ability to seize property but is challenged to show it has the lawful right.
  • A stronger party imposes its will and argues that because it can act, it may.

Cite this maxim

NeCede Max. 2.2.23 — Power is not synonymous with right. — Poe v. Seaborn, 282 U.S. 101, 113; Weisman, 11v

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