Maxim 1.5.118
The law of England is a law of mercy.
Lex Angliae est lex misericordiae.
Source: 2 Inst. 315; Jackson
Difficulty 2/5 — Approachable
Explanation
The English common law tradition, inherited by the American system, is grounded in mercy — harsh or oppressive constructions are disfavored whenever a merciful reading is available.
Where this applies
- A harsh punishment is challenged as inconsistent with the spirit of mercy in the law.
- A court considers whether a severe interpretation is appropriate given the law's merciful tradition.
Legal domains
Cite this maxim
NeCede Max. 1.5.118 — The law of England is a law of mercy. — 2 Inst. 315; Jackson (Lex Angliae est lex misericordiae.)
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