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NeCede's

Maxim 6.5.27

Let him who has nothing in his purse pay in his person, lest he who offends should go unpunished.

Source: C.L.M.; 2 Inst. 173; 4 Bl. Comm. 20; Weisman, 28g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Where a wrongdoer cannot make monetary restitution, the law requires satisfaction in his person — historically through imprisonment or corporal punishment — so that no offense goes without remedy. The principle secures the injured party's right to redress: inability to pay does not extinguish the obligation, and the law will not suffer a wrong without a remedy.

Where this applies

  • A vandal who destroyed a park bench but has no money to pay restitution may face jail time so the offense does not go without remedy.
  • A debtor who owes damages but has emptied his bank accounts can be held personally accountable through contempt of court or other enforcement because inability to pay does not erase the obligation.
  • A thief who stole and spent all the money cannot escape punishment simply because he has nothing left — the law demands satisfaction in his person when his purse is empty.

Legal domains

Cite this maxim

NeCede Max. 6.5.27 — Let him who has nothing in his purse pay in his person, lest he who offends should go unpunished. — C.L.M.; 2 Inst. 173; 4 Bl. Comm. 20; Weisman, 28g

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