Maxim 7.4.21
Extreme law (rigor of law) is the greatest injury; strict law is great punishment.
Source: Hob. 125; Weisman, 59e
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The rigid application of law without equity produces injustice — courts must temper strict legal rules with reason to avoid results that defeat the very purpose of the law.
Where this applies
- A judge forecloses on a family's home over a one-dollar tax underpayment, applying the letter of the law so rigidly that the result is grossly unjust.
- A court enforces a contract penalty clause so strictly that a small business owes ten times the value of the original deal for a minor breach.
- A parking enforcement officer has a car towed and impounded — costing the owner thousands — for being parked two minutes past the meter's expiration.
Legal domains
Cite this maxim
NeCede Max. 7.4.21 — Extreme law (rigor of law) is the greatest injury; strict law is great punishment. — Hob. 125; Weisman, 59e
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