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NeCede's

Maxim 7.6.14

Good laws arise from evil manners, i.e., are necessitated by the evil behavior of men.

Source: 2 Inst. 161; Weisman, 78f Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Legislation arises from the need to restrain wrongdoing — it is the misconduct of men that compels the creation of new laws.

Where this applies

  • After a string of Ponzi schemes, Congress passes new securities regulations — the bad behavior of the swindlers made the new law necessary.
  • A city enacts a noise ordinance only after years of residents blasting music at all hours and disturbing their neighbors.
  • Seatbelt laws exist because enough people drove recklessly without them that the legislature had to step in.

Legal domains

Cite this maxim

NeCede Max. 7.6.14 — Good laws arise from evil manners, i.e., are necessitated by the evil behavior of men. — 2 Inst. 161; Weisman, 78f

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