Understanding In Facto Quod Se Habet Ad Bonum Et Malum,Magis De Bono Quam De Malo Lex Intendit in Legal Context
Definition & Meaning
The phrase "in facto quod se habet ad bonum et malum, magis de bono quam de malo lex intendit" translates to "in an act that is considered both good and bad, the law intends more from the good than from the bad." This principle suggests that when evaluating actions, the legal system tends to favor interpretations that highlight the positive aspects of those actions over the negative ones. Essentially, the law seeks to construct a more favorable view of actions that have both good and bad elements.
Legal Use & context
This principle is relevant in various areas of law, including civil law, criminal law, and family law. It can come into play during legal proceedings where the nature of an act is under scrutiny. For instance, in criminal cases, a defendant may argue that their actions, while technically unlawful, were motivated by good intentions. Users can manage related legal documents through platforms like US Legal Forms, which provide templates drafted by experienced attorneys.
Real-world examples
Here are a couple of examples of abatement:
For instance, consider a case where a person breaks into a building to save someone trapped inside. While the act of breaking and entering is illegal, the motivation to save a life may lead the court to view the act more favorably (hypothetical example).