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NeCede's

Maxim 9.4.7

First principles prove; they are not proved.

Principia probant, non probantur.

Source: 3 Co. 40a, 50a Difficulty 2/5 — Approachable

Explanation

Fundamental axioms of law — like the rules of evidence themselves — are self-evident foundations; they are to be approved and applied, not themselves subjected to proof.

Where this applies

  • They're asking me to prove a basic legal principle that's the foundation of the whole system.
  • First principles of law don't need to be proven — they prove other things.
  • The court is questioning a fundamental axiom that the entire legal system rests on.

Legal domains

See also

Cite this maxim

NeCede Max. 9.4.7 — First principles prove; they are not proved. — 3 Co. 40a, 50a (Principia probant, non probantur.)

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