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NeCede's

Maxim 1.5.232

Always in doubtful matters the more liberal construction should be preferred.

Semper in dubiis benigniora praeferenda.

Source: Jackson Difficulty 1/5 — Foundational

Explanation

When a legal provision is ambiguous, the interpretation most favorable to liberty, to the accused, or to the party whose rights are at stake is to be adopted.

Where this applies

  • A law is unclear and the court must choose between a restrictive and a liberal reading.
  • An ambiguous criminal statute is being interpreted against the accused.

Legal domains

Cite this maxim

NeCede Max. 1.5.232 — Always in doubtful matters the more liberal construction should be preferred. — Jackson (Semper in dubiis benigniora praeferenda.)

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