Maxim 6.7.8
There are two instruments for confirming or impugning all things: reason and authority.
Duo sunt instrumenta ad omnes res confirmandas aut impugnandas — ratio et auctoritas.
Source: 8 Co. 16; Weisman, 20e
Difficulty 2/5 — Approachable
Explanation
Every legal proposition must withstand the test of both reason and authority — neither alone is sufficient, and what fails both is law in name only.
Where this applies
- A legal argument must be supported by both sound reasoning and established authority.
- A court decision that has authority but lacks reason is as flawed as one that has reason but lacks authority.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 6.7.8 — There are two instruments for confirming or impugning all things: reason and authority. — 8 Co. 16; Weisman, 20e (Duo sunt instrumenta ad omnes res confirmandas aut impugnandas — ratio et auctoritas.)
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