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NeCede's

Maxim 7.9.15

When the law gives anything, it gives the means of obtaining it ( all incidents are tacitly given).

Source: 2 Inst. 326; 5 Coke, 47; 3 Kent, Comm. 421; Hob. 234; Weisman, 94c Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) When the law grants a right, it implicitly grants all the means necessary to exercise and enforce that right — a right without the tools to vindicate it is no right at all.

Where this applies

  • A statute that grants citizens the right to vote implicitly requires the state to provide polling places, ballots, and election officials to make voting possible.
  • A law that gives a property owner the right to exclude trespassers also gives him the right to call law enforcement to remove them.
  • A court order granting a parent custody of a child implicitly grants the means to enforce that custody, including the power to compel the other parent to hand over the child.

Legal domains

Cite this maxim

NeCede Max. 7.9.15 — When the law gives anything, it gives the means of obtaining it ( all incidents are tacitly given). — 2 Inst. 326; 5 Coke, 47; 3 Kent, Comm. 421; Hob. 234; Weisman, 94c

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