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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