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NeCede's

Maxim 9.5.9

Truth not sufficiently defended is overcome; and he who does not disapprove, approves.

Veritas, quae non sufficienter defenditur, opprimitur; et qui non improbat, approbat.

Source: 3 Inst. 27; Weisman, 101l Difficulty 1/5 — Foundational

Explanation

Silence in the face of falsehood operates as consent; he who knows the truth and fails to defend it bears responsibility for the falsehood that prevails.

Where this applies

  • Nobody is speaking up to defend the truth and the lie is winning by default.
  • I stayed silent when I should have spoken up and now the false version is accepted.
  • If you don't defend the truth, your silence is treated as agreement with the lie.

Topics

Acquiescence & Silence

Legal domains

evidenceprocedural

See also

Cite this maxim

NeCede Max. 9.5.9 — Truth not sufficiently defended is overcome; and he who does not disapprove, approves. — 3 Inst. 27; Weisman, 101l (Veritas, quae non sufficienter defenditur, opprimitur; et qui non improbat, approbat.)

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