Necessitas Facit Licitum Quod Alias Est Licitum Law and Legal Definition

Necessitas facit licitum quod alias non est licitum is a Latin maxim which means ‘necessity makes that lawful which otherwise is unlawful. The doctrine of necessity applies to law also. For example, the defense of killing a person in self defense. Necessity must be used as the only source of protecting one’s life. In such cases absolute necessity of homicide is to be proved. Another example for lawful necessity is throwing goods overboard in a storm to rescue the crew and the ship. In the absence of absolute necessity such acts amounts to crime. Necessity is recognized in common law as a technical breach of the law which is more advantageous to society than the consequence of strict adherence to the law.