Empiriceme · Precept · Canon / Maxim

Hard Cases Make Bad Law

Rules generalised from extreme instances fit the ordinary case badly.

The English legal maxim. The mechanism is that extreme facts pressure the court toward a just outcome in this case, and the rule generalised from it fits the ordinary case badly.

In practice

  • A safeguarding rule written after one catastrophic case requires four signatures for a school trip to the local park.
  • A refund policy rewritten after one large fraud makes every ordinary refund take eleven days.
Further reading
Wikipedia
Subject
Law & Politics
Essay
Rules that restrain power, and advice on using it

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