Law · Legal Information · Justice
 

Necessitas Indicit Privilegium Quoad Jura Privata

From necessity spring privileges upon private rights.

A Latin and fundamental maxim of Roman law subsequently adopted by and now well established in the common law.

Indeed, it was expressed by Francis Bacon as follows:

"The law chargeth no man with default where the act is compulsory and not voluntary, and where there is not a consent and election; and therefore if either there be an impossibility for a man to do otherwise, or so great a perturbation of the judgment and reason as in presumption of law man's nature cannot overcome, such necessity carrieth a privilege in itself.

"Necessity is of three sorts: necessity of conservation of life; necessity of obedience and necessity of the act of God or a stranger."

Bacon even suggests that this maxim would justify a person from prosecution in the event that two persons in distress upon a body of water and both clinging to:

"... plank or on the boat's side to keep himself above water, and another, to save his life, thrust him from it whereby he is drowned, this is justifiable."

The maxim has been used to develop the criminal law defence of self-defence.

REFERENCES:

  • Bacon, Francis, The Eelements of the Common Law of England: Maxims of the Law, from The Works of Francis Bacon, Vol. IV (London, 1826), page 33.

Are we missing anything? If you think there is a term that should be included, please send us the suggestion

  • Dictionary
  • Resources
  • LawMag

Latest LagMag headlines:

H1N1 Law - Swine Law for a Swine Flu

In a state of public health law anarchy, professional hockey players receive a killer flu vaccine while infants and pregnant women wait.

The Death of the Common Law: Expiry date, 2100

Just about now, but for the economic might of the United States of America, the last funeral bell tolls of the common law would be fading.

Gretzky Law

The recent Phoenix Coyotes debacle, in which he left behind his job, is not the only time Wayne Gretzky has had to leave from the side exit of a courtroom.


Read earlier headlines »
Subscribe to stay in touch »

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top