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NeCede's

Maxim 8.10.17

It is best not to unsettle things which are originally established.

Source: Green v. Hudson River R. Co., 28 Barb. (N.Y.) 91, 22; Weisman, 88c Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Established legal principles should not be lightly disturbed — stability in the law is a value in itself, and settled rules should be overturned only for compelling reasons.

Where this applies

  • A court refuses to overturn a century-old property-rights doctrine just because a new legal theory has become fashionable.
  • A legislature considers repealing a long-standing consumer-protection law but decides against it because stability in the law is valuable and the law has worked well.
  • A bar association opposes frequent changes to the rules of professional conduct, arguing that settled rules should not be disturbed without strong justification.

Legal domains

Cite this maxim

NeCede Max. 8.10.17 — It is best not to unsettle things which are originally established. — Green v. Hudson River R. Co., 28 Barb. (N.Y.) 91, 22; Weisman, 88c

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