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Justinian I · The Digest of Justinian §1.3.14.pr

Prohibition of Extending Legal Exceptions by Analogy

Passage 33 of 9271 · Latin

Summary

States the legal maxim that what has been accepted as an exception contrary to the general reason of the law should not be further extended to its logical consequences.

[PAULUS libro LIIII ad edictum. ] §1.3.14.prQuod uero contra rationem iuris receptum est, non est producendum ad consequentias.
[PAULUS on the Edict, Book LIV] However, what has been accepted contrary to the reason of the law must not be extended to its consequences.

Notes

  1. §1.3.14.prcontra rationem iuris — The phrase ratio iuris refers to the "reason of the law," "logic of law," or "systematic principle of law." It points to legal rules introduced as exceptions or privileges (ius singulare) contrary to the general principles of the legal system.
  2. §1.3.14.prnon est producendum — A passive periphrastic construction consisting of the gerundive producendum and est, expressing necessity or prohibition ("must not be extended"). The verb producere here means to extend the application of a legal rule to other similar cases through analogy or logical inference.

Cite this passage

Justinian I, The Digest of Justinian §1.3.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.3.14.pr

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