Skip to content
NeCede's

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.

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.)

Found an error? Suggest a correction →