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NeCede's

Maxim 1.5.275

Things favorably considered in law are the treasury, dower, life, and liberty.

Favorabilia in lege sunt fiscus, dos, vita, libertas.

Source: Jenk. Cent. 94; Co. Litt. 341; Weisman, 71c Difficulty 3/5 — Intermediate

Explanation

When a statute or instrument is ambiguous, courts construe it in favor of life, liberty, a widow's dower, and the public fisc — these four interests receive the most favorable presumption at common law.

Where this applies

  • A statute could be read to either allow or prohibit a widow's claim to her deceased husband's homestead, and the court adopts the reading that protects the widow's dower interest.
  • An ambiguous sentencing provision is construed in favor of the defendant's liberty, giving the shorter rather than the longer prison term.
  • A tax statute is unclear about whether a deduction applies to certain government revenue, and the court construes it in favor of the public treasury because the law favors the fisc.

Legal domains

Cite this maxim

NeCede Max. 1.5.275 — Things favorably considered in law are the treasury, dower, life, and liberty. — Jenk. Cent. 94; Co. Litt. 341; Weisman, 71c (Favorabilia in lege sunt fiscus, dos, vita, libertas.)

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