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NeCede's

Maxim 2.3.7

It is a wretched state of slavery which subsists where the law is vague or uncertain.

Misera est servitus ubi jus est vagum aut incertum.

Source: 4 Inst. 245, 246; Broom, Max. 150; Weisman, 47i Difficulty 1/5 — Foundational

Explanation

Vague laws that leave the citizen guessing whether he is free to act are instruments of servitude, not liberty. A law must be definite enough that a citizen of ordinary understanding can know what is required. (Duplicate maxim — see also 10.3.9.)

Where this applies

  • A law is so vague that nobody can tell what is permitted or forbidden.
  • A criminal statute is written so unclearly that ordinary people cannot understand it.

Legal domains

See also

Cite this maxim

NeCede Max. 2.3.7 — It is a wretched state of slavery which subsists where the law is vague or uncertain. — 4 Inst. 245, 246; Broom, Max. 150; Weisman, 47i (Misera est servitus ubi jus est vagum aut incertum.)

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