Skip to content
NeCede's

Maxim 9.4.12

The law dispenses what common use has approved.

Source: C.L.M.; Weisman, 17g; Weisman, 71ff Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The common law draws its authority from the customs and usages long recognized by the People — where a practice has been universally and peaceably adopted, the law confirms and enforces it as an expression of the People's sovereign will.

Where this applies

  • A community has used a footpath across a field for generations, and when the new landowner tries to block it, the court upholds the right of way because long common use has given it the force of law.
  • Merchants in a particular trade have always measured goods by weight rather than volume — when a dispute arises, the court enforces the trade custom because common usage has approved it.
  • A local practice of holding town meetings on the first Monday of each month has been followed for decades — when a selectman tries to change the day unilaterally, the court says the established custom carries legal weight.

Legal domains

Cite this maxim

NeCede Max. 9.4.12 — The law dispenses what common use has approved. — C.L.M.; Weisman, 17g; Weisman, 71ff

Found an error? Suggest a correction →