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NeCede's

Maxim 2.3.2

All laws cry out in favor of liberty.

In favorem libertatis, omnia jura clamant.

Source: Dig. 50, 17, 122 Difficulty 1/5 — Foundational

Explanation

When a law is ambiguous as to whether it restricts liberty, it must be construed as not restricting it.

Where this applies

  • A law could be read as restricting or protecting freedom, and the question is which reading prevails.
  • An ambiguous statute is used to limit someone's liberty.

Legal domains

See also

Cite this maxim

NeCede Max. 2.3.2 — All laws cry out in favor of liberty. — Dig. 50, 17, 122 (In favorem libertatis, omnia jura clamant.)

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