Necessitas

In the civil law. Necessity; vis major.

Lat. Necessity; a force, power or influence which compels one to act against his wlll. Calvin.

— Necessitas cnlpabilis. Culpable necessity; unfortunate necessity; necessity which, while it excuses the act done under its compulsion, does not leave the doer entirely free from blame. The necessity which compels a man to kill another in self-defense is thus distinguished from that which requires the killing of a felon. See 4J Bl. Comm. 187.

— Trinoda necessitas. In Saxon law. The threefold necessity or burden; a term used to denote the three things from contributing to the performance of which no lands were exempted, viz., the repair of bridges, the building of castles, and military service against an enemy. 1 Bl. Comm. 263, 357.

Necessity; a force, power or influence which compels one to act against his will. Necessitas culpabilis: culpable or blamable necessity, — that kind of necessity which excuses a man who kills another se defendendo. Necessitas est lex temporis et loci: necessity is the law of time and of place. Necessitas facit licitum quod alias non est licitum: necessity makes that lawful which otherwise is not lawful. Necessitas inducit privilegium quoad jura privata: necessity carries with it a privilege as to private rights. Necessitas non habet legem: necessity has no law. Necessitas publica major est quam privata: public necessity is greater than private. Necessitas quod cogit, defendit: necessity defends or justifies what it compels. Necessitas sub lege non continetur: necessity is not embraced under any law. Necessitas vincit [communem] legem: necessity overcomes the [common] law.

Lat. Necessity; a force, power, or influence which compels one to act against his will. Calvin.

Necessity. Necessitas publica major est quam privata. Public necessity is greater than private. A private right or necessity must yield to the public good; as in the exercise of the powers of eminent domain and taxation.* Necessitas vincit legem. Necessity overcomes law, — is paramount to any rule of law. See Necessity. Trinoda necessitas. A threefold necessity or burden. In England, anciently, when lands were granted free of services, they were still subject by implication, under a certain trinoda necessitas, to the expense of repairing bridges and forts, and of repelling invasions.^