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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