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NeCede's

Maxim 8.3.23

It is not just and right that he who exposes the faults of a guilty person should be condemned on that account; for it is proper and expedient that the offense of the guilty should be known.

Source: C.L.M.; Weisman, 68c Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) The People's right to expose malfeasance by public officers or private wrongdoers is essential to self-governance — one who brings the guilty to light serves justice and cannot be punished for doing so. This principle undergirds the right of remonstrance, petition, and the freedom of speech secured by the First Amendment.

Where this applies

  • A whistleblower who reports her employer's illegal dumping of toxic waste cannot be fired for doing so, because exposing wrongdoing serves justice.
  • A citizen who publishes proof that a mayor embezzled city funds is protected from retaliation, because making the guilty known is proper and expedient.
  • A journalist who uncovers a judge's bribery scheme and publishes the evidence cannot be held in contempt, because the public's right to know about official corruption is essential.

Legal domains

Cite this maxim

NeCede Max. 8.3.23 — It is not just and right that he who exposes the faults of a guilty person should be condemned on that account; for it is proper and expedient that the offense of the guilty should be known. — C.L.M.; Weisman, 68c

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