Maxim 3.4.24
It is sometimes expedient to forget what you know.
Etiam oblivisci quod scis interdum expedit.
Source: Weisman, 69v
Difficulty 2/5 — Approachable
Explanation
Discretion and prudence sometimes require setting aside what one knows — applied to situations where strict enforcement of knowledge would produce unjust or impractical results.
Where this applies
- A judge exercises discretion to exclude a piece of highly prejudicial evidence even though it is technically admissible, recognizing that sometimes it is wiser to set aside what you know.
- A prosecutor chooses not to introduce a defendant's prior conviction at sentencing because doing so would inflame the jury beyond what justice requires.
- A mediator deliberately withholds information about one party's weakness from the negotiation, judging that strict enforcement of that knowledge would derail a fair settlement.
Legal domains
Cite this maxim
NeCede Max. 3.4.24 — It is sometimes expedient to forget what you know. — Weisman, 69v (Etiam oblivisci quod scis interdum expedit.)
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