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NeCede's

Maxim 6.7.9

He confirms the use of a thing who removes the abuse of it.

Source: Moore, 764; Weisman, 20c; Weisman, 62a Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Correcting an abuse of a right is not an attack on the right itself — removing the misuse strengthens and confirms the lawful use.

Where this applies

  • A city cracks down on vendors who are blocking sidewalks but does not ban street vending entirely — removing the abuse confirms the legitimacy of lawful vending.
  • A school bans students from using phones during class but allows them during breaks, thereby confirming that phone use itself is acceptable when the misuse is addressed.
  • A government regulates the discharge of pollutants into a river but does not ban industrial use of the river — correcting the abuse confirms the proper use.

Legal domains

Cite this maxim

NeCede Max. 6.7.9 — He confirms the use of a thing who removes the abuse of it. — Moore, 764; Weisman, 20c; Weisman, 62a

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