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NeCede's

Maxim 5.4.25

Permission is a license to do a thing or an authority to do an act, without such authority, would have been unlawful.

Source: Black's, 893; Weisman, 52d Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A license or permission authorizes what would otherwise be unlawful — absent such authority, the act remains a trespass or wrong.

Where this applies

  • A hunter needs a license to hunt on state land because without that permission, killing game would be poaching.
  • A contractor needs a building permit before constructing a house — without the permit, the construction would be unlawful.
  • A driver needs a license to operate a commercial vehicle on public roads because without that authorization, driving commercially would be illegal.

Legal domains

Cite this maxim

NeCede Max. 5.4.25 — Permission is a license to do a thing or an authority to do an act, without such authority, would have been unlawful. — Black's, 893; Weisman, 52d

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