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NeCede's

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

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