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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