Maxim 7.7.13
The rigor or height of law is the height of wrong.
Source: Hob. 125; Weisman, 105e
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) The overly strict application of legal rules can itself become a form of injustice — courts must temper rigor with equity to prevent the law from defeating its own purpose.
Where this applies
- A court enforces the exact letter of a statute to evict an 80-year-old widow from her home of fifty years over a minor paperwork technicality — the rigid application of the law becomes itself the greatest injustice.
- A judge sentences a first-time offender to the maximum mandatory minimum for possessing a trivial amount of a controlled substance, with no discretion to consider circumstances — the height of legal rigor produces a result that offends basic fairness.
- A city forecloses on a family's home for a $200 unpaid fine, following every procedural step to the letter while ignoring the gross disproportion between the debt and the loss — the strict enforcement of the rule becomes the very wrong the law was meant to prevent.
Legal domains
Cite this maxim
NeCede Max. 7.7.13 — The rigor or height of law is the height of wrong. — Hob. 125; Weisman, 105e
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