Maxim 3.6.20
Your intention (or disposition) gives name (or character) to your work or act.
Source: Bract. fol. 2b, 101b; Hob. 123; Weisman, 60i
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The character of an act depends on the intention with which it was done — the same physical act may be lawful or unlawful depending on the actor's purpose, and the law judges accordingly.
Where this applies
- A man hands cash to another; whether it is a gift, a loan, or a bribe depends entirely on the intention behind the transfer, which gives the act its legal character.
- A surgeon performs an operation that results in the patient's death; whether the act is murder or a medical procedure depends on whether the surgeon intended to heal or to harm.
- A landowner builds a fence along the property line; whether this is a lawful improvement or a hostile encroachment depends on whether he intended to mark his own boundary or seize his neighbor's land.
Legal domains
Cite this maxim
NeCede Max. 3.6.20 — Your intention (or disposition) gives name (or character) to your work or act. — Bract. fol. 2b, 101b; Hob. 123; Weisman, 60i
Found an error? Suggest a correction →