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NeCede's

Maxim 5.2.11

Every innovation disturbs more by its novelty than it benefits by its utility.

Omnis innovatio plus novitate perturbat quam utilitate prodest.

Source: 2 Co. 36; Broom, *Legal Maxims* (1874) Difficulty 2/5 — Approachable

Explanation

The law disfavors unnecessary change — established customs and settled property rights should not be lightly overturned for the sake of novelty.

Where this applies

  • A state proposes replacing a centuries-old common-law water rights system with an entirely new statutory scheme — the disruption to every landowner who relied on the old system far outweighs the speculative benefits of the new approach.
  • A school board scraps a proven classical curriculum in favor of a trendy new pedagogy, and student performance plummets in the transition — the innovation disturbed more by its novelty than it benefited anyone.
  • A city council replaces its established zoning code with an experimental mixed-use framework, and property values, building permits, and neighborhood stability all suffer during the chaotic transition — the disruption of the change outweighed its intended utility.

Legal domains

See also

Cite this maxim

NeCede Max. 5.2.11 — Every innovation disturbs more by its novelty than it benefits by its utility. — 2 Co. 36; Broom, *Legal Maxims* (1874) (Omnis innovatio plus novitate perturbat quam utilitate prodest.)

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