[ULPIANUS libro uicensimo septimo ad Sabinum. ] §50.17.21.prNon debet, cui plus licet, quod minus est non licere.
[ULPIAN, in his twenty-seventh book on Sabinus.] For him to whom more is allowed, it ought not to be that what is less is not allowed.
Justinian I · The Digest of Justinian §50.17.21.pr
Permission of the Lesser for Whoever May Do the Greater
Summary
This fragment states the legal maxim of "whoever is allowed the greater is also allowed the lesser," asserting that those with broader permissions should not be denied lesser ones.
Notes
- §50.17.21.prcui — A relative pronoun in the dative case with its antecedent (ei) omitted. It functions both as the dative complement of the impersonal verb licet in the relative clause and as the logical subject of the infinitive non licere in the main clause.
- §50.17.21.prquod minus est — A noun clause formed with the neuter singular relative pronoun quod, meaning "that which is less," functioning as the subject of the infinitive phrase non licere.
- §50.17.21.prNon debet... non licere — A double negation structure combining the negation of debet (non debet) with the negated complementary infinitive (non licere). It literally means "it ought not to be that it is not allowed," expressing a strong positive obligation (i.e., "it must certainly be allowed").
Cite this passage
Justinian I, The Digest of Justinian §50.17.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.21.pr
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