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NeCede's

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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