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NeCede's

Maxim 3.7.2

It is safe not to obey him who has no right.

Tutum est non habenti jus ei non parere.

Source: Hob. 146; Weisman, 34a Difficulty 1/5 — Foundational

Explanation

Obedience is owed only to lawful authority. An officer who commands without jurisdiction may be lawfully refused — and the refusal is not contempt but right.

Where this applies

  • A government official gives an order they have no authority to give.
  • Someone with no legal right to command demands obedience.

Topics

Duty & Obligation

Legal domains

constitutionalsovereignty

See also

Cite this maxim

NeCede Max. 3.7.2 — It is safe not to obey him who has no right. — Hob. 146; Weisman, 34a (Tutum est non habenti jus ei non parere.)

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