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NeCede's

Maxim 7.4.13

What right is, and in what consists injury, is the business of the law to declare.

Quid sit jus et in quo consistit injuria, legis est definire.

Source: Co. Litt. 158; Jackson; Weisman, 59t Difficulty 2/5 — Approachable

Explanation

The definition of rights and wrongs belongs to the law, not to private opinion — no man may unilaterally declare what constitutes his right or another's injury.

Where this applies

  • A homeowner claims he has an absolute right to build a ten-story tower on his residential lot — but the law, not his personal opinion, defines the scope of his property rights and what constitutes permissible use.
  • A business owner insists that a competitor's pricing strategy is illegal because it undercuts him — the court, not the aggrieved party, determines whether the competitor's conduct actually constitutes an actionable injury.
  • Two neighbors disagree about whether one has the right to block a shared driveway — it is the business of the law, through courts and statutes, to declare what rights exist and what constitutes a wrong, not the parties' private opinions.

Legal domains

Cite this maxim

NeCede Max. 7.4.13 — What right is, and in what consists injury, is the business of the law to declare. — Co. Litt. 158; Jackson; Weisman, 59t (Quid sit jus et in quo consistit injuria, legis est definire.)

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