Generalia Specialibus Non Derogant

This legal maxim asserts that when there is a conflict between a general law and a special law, the special law will take precedence and control the situation. It serves to promote clarity and specificity in legal application.

The principle has its roots in Roman law and was formulated to assist judges and lawmakers in resolving conflicts between laws of differing scopes. This maxim has been widely adopted in various legal systems, including common law jurisdictions.

In modern law, this maxim is frequently invoked in statutory interpretation and administrative law contexts. Courts apply this principle to ensure that specific statutory provisions are not overridden by broader legislative frameworks, thereby ensuring legislative intent is preserved.

• If a general traffic law prohibits all types of parking in a city and a specific ordinance allows parking on Sundays, the special ordinance prevails on Sundays.
• In a contract law context, a detailed provision in a contract regarding dispute resolution will override a more general statute governing contract interpretation.

• People v. Barlow, 2019