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NeCede's

Maxim 7.5.7

A frivolous fear is not a lawful excuse.

Vanus timor non est excusatio.

Source: Dig. 50, 17, 184; 2 Inst. 483; Weisman, 44g Difficulty 2/5 — Approachable

Explanation

The law does not accept speculative or imaginary fears as justification for wrongful action — the apprehended danger must be real and imminent.

Where this applies

  • I broke the law because I was scared of what might happen — but the fear was purely hypothetical.
  • I refused to testify because I was nervous — not because there was an actual threat.

Legal domains

See also

Cite this maxim

NeCede Max. 7.5.7 — A frivolous fear is not a lawful excuse. — Dig. 50, 17, 184; 2 Inst. 483; Weisman, 44g (Vanus timor non est excusatio.)

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