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NeCede's

Maxim 8.9.6

When the reason of the law ceases, the law itself does not cease, but its enforcement may.

Cessante ratione legis, non cessat ipsa lex sed effectus.

Source: 4 Co. 38a; Broom, Max. 159 Difficulty 2/5 — Approachable

Explanation

A law remains on the books even when circumstances change — but its practical enforcement depends on the continued existence of the conditions that gave rise to it.

Where this applies

  • The original reason for the law no longer exists, but the law is still on the books.
  • Circumstances have changed and the law doesn't serve its original purpose anymore — should it still be enforced?

Legal domains

See also

Cite this maxim

NeCede Max. 8.9.6 — When the reason of the law ceases, the law itself does not cease, but its enforcement may. — 4 Co. 38a; Broom, Max. 159 (Cessante ratione legis, non cessat ipsa lex sed effectus.)

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