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NeCede's

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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