Maxim 7.3.5
Abuse does not take away use.
Abusus non tollit usum.
Source: Dav. Ir. K.B. 79
Difficulty 1/5 — Foundational
Explanation
The fact that a right or power has been abused does not justify abolishing it — the remedy for abuse is correction, not extinction.
Where this applies
- Some people misuse their right to free speech — but that doesn't mean we should abolish free speech.
- Guns are sometimes used for crime — does that justify banning all guns?
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 7.3.5 — Abuse does not take away use. — Dav. Ir. K.B. 79 (Abusus non tollit usum.)
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