Maxim 1.5.293
He who adheres to the letter of the law adheres to its bark.
Qui haeret in litera haeret in cortice.
Source: Co. Litt. 289; 5 Coke, 4b; 11 Coke, 34b; 12 East, 372; Weisman, 72j
Difficulty 3/5 — Intermediate
Explanation
A purely literal reading of a statute that ignores its purpose and reason grasps only the surface — courts must look to the spirit and intent of the law, not merely its words, to reach a just construction. (Duplicate maxim — see also 10.2.21.)
Where this applies
- A court reads a statute banning 'vehicles in the park' and refuses to apply it to a child's toy wagon, holding that the literal text must yield to the legislature's obvious purpose of regulating motorized traffic.
- A creditor points to the exact wording of a promissory note to demand payment in a form the borrower never agreed to, and the court looks past the letter to the parties' actual intent.
- A government agency enforces a regulation by its literal text to produce a result the drafters never intended, and the court reverses because clinging to the bark of the law ignores its living substance.
Legal domains
See also
Cite this maxim
NeCede Max. 1.5.293 — He who adheres to the letter of the law adheres to its bark. — Co. Litt. 289; 5 Coke, 4b; 11 Coke, 34b; 12 East, 372; Weisman, 72j (Qui haeret in litera haeret in cortice.)
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