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NeCede's

Maxim 3.3.5

He is insane who, reason being cast away, does everything with violence and rage.

Furiosus est qui, abjecta ratione, omnia cum impetu et furore facit.

Source: 4 Co. 128; Weisman, 55c Difficulty 2/5 — Approachable

Explanation

Insanity in law is defined not by diagnosis but by the abandonment of reason — the test is functional, not medical.

Where this applies

  • The legal standard for insanity is debated in a criminal case.
  • A defendant claims insanity and the court must determine if they truly lacked reason.

Legal domains

criminal

See also

Cite this maxim

NeCede Max. 3.3.5 — He is insane who, reason being cast away, does everything with violence and rage. — 4 Co. 128; Weisman, 55c (Furiosus est qui, abjecta ratione, omnia cum impetu et furore facit.)

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