Maxim 7.6.7
What otherwise was not lawful, necessity makes lawful; but when something is not in itself evil, yet may serve as an example for evil, it is not to be done.
Quod alias non fuit licitum, necessitas licitum facit; sed quando per se non sit malum, et tamen exemplum mali.
Source: 2 Inst. 564
Difficulty 2/5 — Approachable
Explanation
Necessity may justify acts that would otherwise be unlawful; but even where an act is not inherently wrongful, the law prohibits it if permitting it would normalize wrongful conduct by setting a dangerous example.
Where this applies
- A harmless act that could set a dangerous precedent should be prohibited.
- Even if this specific action isn't harmful, allowing it would normalize bad behavior.
Legal domains
See also
Cite this maxim
NeCede Max. 7.6.7 — What otherwise was not lawful, necessity makes lawful; but when something is not in itself evil, yet may serve as an example for evil, it is not to be done. — 2 Inst. 564 (Quod alias non fuit licitum, necessitas licitum facit; sed quando per se non sit malum, et tamen exemplum mali.)
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