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NeCede's

Maxim 3.4.1

Discretion is to know through the law what is just.

Discretio est scire per legem quid sit justum.

Source: 10 Co. 140; Weisman, 69a Difficulty 2/5 — Approachable

Explanation

True discretion is not personal preference — it is the informed application of settled legal principles to the facts at hand.

Where this applies

  • A judge exercises personal preference instead of legal discretion.
  • An official's decision is challenged as arbitrary rather than based on law.

Topics

Knowledge & Understanding

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 3.4.1 — Discretion is to know through the law what is just. — 10 Co. 140; Weisman, 69a (Discretio est scire per legem quid sit justum.)

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