Maxim 3.3.13
Human nature does not change with time or environment.
Source: C.L.M.; Weisman, 55a
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The foundational principles of law are rooted in unchanging human nature — invoke this maxim to rebut arguments that constitutional rights or common law principles are "outdated" and must yield to modern conditions. The Founders secured rights against the same tendencies toward tyranny that exist in every age.
Where this applies
- A government argues that the Second Amendment is outdated because modern weapons did not exist when it was written; the defense responds that human nature and the need for self-defense have not changed with time.
- A legislator proposes abolishing jury trials as unnecessary in the modern era; opponents cite this maxim to argue that the tendency of government to overreach is as present today as it was in 1789.
- A court rejects the argument that privacy rights should be narrowed because technology has changed, noting that the human desire for liberty from intrusion is constant across all ages.
Legal domains
Cite this maxim
NeCede Max. 3.3.13 — Human nature does not change with time or environment. — C.L.M.; Weisman, 55a
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