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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Legal Definitions - dum se bene gesserit
Definition of dum se bene gesserit
Dum se bene gesserit is a Latin phrase that translates to "while he conducts himself well" or "during good behavior." In a legal context, it refers to a condition where an individual holds a position, right, or privilege as long as they maintain good conduct and fulfill their responsibilities appropriately. If their conduct falls short or they fail to meet specified standards, the position or privilege may be revoked.
Here are a few examples to illustrate this concept:
Judicial Tenure: In many legal systems, judges are appointed to their positions dum se bene gesserit. This means they serve indefinitely, or for a very long term, as long as they maintain ethical conduct, perform their duties diligently, and do not engage in serious misconduct that would warrant impeachment or removal. This principle is designed to ensure judicial independence, protecting judges from political pressure or arbitrary dismissal.
This illustrates the term because the judge's continued tenure in office is directly conditional upon their ongoing good behavior and proper execution of their judicial role.
Professional Licensing: A medical doctor receives a license to practice medicine. This license is held dum se bene gesserit. The doctor can continue to practice as long as they adhere to professional ethical codes, maintain competence through continuing education, and do not engage in malpractice, negligence, or criminal activity that violates their professional obligations. If they fail to meet these standards, their license can be suspended or revoked.
This example demonstrates the term as the doctor's ability to practice their profession is contingent on their sustained good conduct and adherence to established professional standards.
University Scholarship: A university student is awarded a prestigious academic scholarship. The terms of the scholarship might specify that it is renewable annually dum se bene gesserit. This means the student will continue to receive the financial aid as long as they maintain a specific grade point average (GPA), remain enrolled full-time, and adhere to the university's code of conduct. If their grades drop significantly or they violate university rules, the scholarship may be withdrawn.
Here, the continuation of the financial benefit (the scholarship) is directly tied to the student's sustained good academic performance and adherence to behavioral expectations, embodying the "during good conduct" principle.
Simple Definition
Dum se bene gesserit is a Latin phrase meaning "while he behaves himself properly" or "during good conduct." Historically, this legal term referred to a condition under which a person held an office or position, meaning their tenure was dependent upon their continued good behavior.