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NeCede's

Maxim 7.5.10

To commit and not prohibit, when in your power, is the same thing; and he who does not, when he can prohibit, is in fault.

Idem est facere et non prohibere cum possis; et qui non prohibet cum prohibere possit in culpa est.

Source: 3 Inst. 158; Jackson; Weisman, 44n Difficulty 1/5 — Foundational

Explanation

He who has the power to prevent a wrong and fails to act is as culpable as the one who commits it — the duty to prevent evil is as binding as the duty not to commit it.

Where this applies

  • A police chief who could have stopped brutality in his department but chose not to.
  • A supervisor who watched safety violations happen without intervening.

Legal domains

Cite this maxim

NeCede Max. 7.5.10 — To commit and not prohibit, when in your power, is the same thing; and he who does not, when he can prohibit, is in fault. — 3 Inst. 158; Jackson; Weisman, 44n (Idem est facere et non prohibere cum possis; et qui non prohibet cum prohibere possit in culpa est.)

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