Maxim 7.3.8
Whatever in itself is not lawful, necessity makes lawful; and necessity induces a privilege as regards private rights.
Quicquid per se non est licitum, necessitate fit licitum; et necessitas inducit privilegium quoad jura privata.
Source: 2 Inst. 564
Difficulty 2/5 — Approachable
Explanation
Under the monarchy, necessity was declared by the Crown and accepted without question. In the American system, necessity does not suspend due process of law — even genuine emergency must pass through judicial review, and no claim of necessity can permanently destroy a reserved right of the People without due process of law.
Where this applies
- I trespassed on private land to rescue someone from a burning building — is that justified?
- A doctor performed surgery without consent to save a life during an emergency.
Topics
See also
Cite this maxim
NeCede Max. 7.3.8 — Whatever in itself is not lawful, necessity makes lawful; and necessity induces a privilege as regards private rights. — 2 Inst. 564 (Quicquid per se non est licitum, necessitate fit licitum; et necessitas inducit privilegium quoad jura privata.)
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