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NeCede's

Maxim 3.4.18

To know properly is to know a thing in its reason, and by its cause. We are truly said to know anything, where we know the true cause thereof.

Source: Co. Litt. 183b; Weisman, 69i Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) True understanding of a legal rule requires knowing its reason and cause — cite this to challenge a party who invokes a rule mechanically without understanding the principle that animates it.

Where this applies

  • A lawyer mechanically cites the statute of limitations without understanding its underlying purpose; the court rejects the argument because applying a rule without knowing its reason is not true knowledge.
  • A student memorizes the holding of a case but cannot explain why the court reached that result; the professor points out that knowing a rule without its cause is not genuine understanding.
  • An agency enforces a regulation by rote but cannot articulate the policy it serves; a reviewing court holds the enforcement arbitrary because the agency never grasped the reason behind the rule.

Legal domains

Cite this maxim

NeCede Max. 3.4.18 — To know properly is to know a thing in its reason, and by its cause. We are truly said to know anything, where we know the true cause thereof. — Co. Litt. 183b; Weisman, 69i

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