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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