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NeCede's

Maxim 6.7.3

He who does not disapprove when he can, approves.

Qui non reprobat, approbat.

Source: 3 Inst. 27; Weisman, 21q Difficulty 2/5 — Approachable

Explanation

Silence in the face of a known wrong, where one has the power and duty to object, operates as ratification — the People's silence on constitutional violations confirms them.

Where this applies

  • The public knew about government overreach for years and said nothing — has that silence ratified it?
  • I watched my neighbor encroach on my property for years without objecting — did I approve it?

Legal domains

See also

Cite this maxim

NeCede Max. 6.7.3 — He who does not disapprove when he can, approves. — 3 Inst. 27; Weisman, 21q (Qui non reprobat, approbat.)

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