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NeCede's

Maxim 7.5.21

The law holds him excused who chose that his blood should be redeemed on any terms.

Source: Dig. 48, 21, 1; 1 Bl. Comm. 131; Weisman, 44m Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Self-preservation is a right recognized by law — a man who acts under duress to save his own life is excused, even if he submitted to terms he would otherwise refuse.

Where this applies

  • A prisoner of war who surrenders rather than face certain death is not held as a coward or traitor, because the law excuses self-preservation under mortal threat.
  • A man who signs a confession under threat of death is excused by law, because he acted to save his own life.
  • A hostage who cooperates with her captors to avoid being killed cannot be prosecuted for aiding them, because the instinct to survive is recognized by law.

Legal domains

Cite this maxim

NeCede Max. 7.5.21 — The law holds him excused who chose that his blood should be redeemed on any terms. — Dig. 48, 21, 1; 1 Bl. Comm. 131; Weisman, 44m

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