Maxim 1.3.1
Custom is the best interpreter of the law.
Optima est legis interpres consuetudo.
Source: Dig. 1.3.37; 2 Inst. 18; Broom, Max. 931; Jenk. Cent. 273
Difficulty 1/5 — Foundational
Explanation
When the meaning of a law is disputed, the long-established practice of the People under that law is the surest guide to its true intent.
Where this applies
- Two parties disagree about what a law means, and one points to how people have followed it for decades.
- A statute is ambiguous and the court looks at long-standing practice to interpret it.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 1.3.1 — Custom is the best interpreter of the law. — Dig. 1.3.37; 2 Inst. 18; Broom, Max. 931; Jenk. Cent. 273 (Optima est legis interpres consuetudo.)
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