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NeCede's

Maxim 4.2.11

Paternal power should consist in affection, not in atrocity.

Patria potestas in pietate debet, non in atrocitate consistere.

Source: Bouvier, *Law Dictionary* (1856); Weisman, 11r Difficulty 1/5 — Foundational

Explanation

The authority of a parent over a child is grounded in love and nurture, not in violence or tyranny — the law restrains paternal power that degenerates into cruelty.

Where this applies

  • A parent physically abuses their child and claims parental authority.
  • A father's disciplinary actions cross the line into cruelty.

Legal domains

criminalfamily

See also

Cite this maxim

NeCede Max. 4.2.11 — Paternal power should consist in affection, not in atrocity. — Bouvier, *Law Dictionary* (1856); Weisman, 11r (Patria potestas in pietate debet, non in atrocitate consistere.)

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