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NeCede's

Maxim 7.5.16

No guilt attaches to him who is compelled to obey.

Source: Dig. 50, 17, 169, pr.; Bouv. 124; Weisman, 44c Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A soldier obeying a lawful order, or a servant acting under his master's command, bears no fault for the consequences — compulsion negates personal culpability.

Where this applies

  • A soldier ordered by his commanding officer to destroy a bridge during wartime cannot be held personally guilty for the property damage.
  • A bank teller forced at gunpoint to hand over money bears no criminal liability for the loss.
  • A servant who delivers a package on his master's orders cannot be blamed when the package turns out to contain contraband he knew nothing about.

Legal domains

Cite this maxim

NeCede Max. 7.5.16 — No guilt attaches to him who is compelled to obey. — Dig. 50, 17, 169, pr.; Bouv. 124; Weisman, 44c

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