Maxim 8.10.2
We are to judge by laws, not by examples.
Non exemplis sed legibus judicandum est.
Source: 4 Co. 33b; 4 Bl. Comm. 405
Difficulty 2/5 — Approachable
Explanation
Precedent is a guide, not a master — when a prior decision conflicts with the law itself, the law prevails and the precedent must yield.
Where this applies
- A prior court case set a precedent but it contradicts the actual text of the law.
- A bad example from the past shouldn't override what the law clearly says.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 8.10.2 — We are to judge by laws, not by examples. — 4 Co. 33b; 4 Bl. Comm. 405 (Non exemplis sed legibus judicandum est.)
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