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NeCede's

Maxim 1.5.316

A thing that is within the letter of a statute, is not within the statute, unless it be within the intention of the law makers.

Source: Wharton, III-32 Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) The literal text of a statute does not control if the act in question falls outside the legislature's actual purpose — courts must look to the intent behind the law, not merely its words.

Where this applies

  • A dry-cleaning shop is charged under a statute prohibiting 'chemical manufacturing' because it uses solvents, but the court holds that dry cleaning falls outside the legislature's intent even though solvents are literally chemicals.
  • A home gardener is cited under a law regulating 'agricultural operations,' but the court finds the statute was aimed at commercial farming and the home garden is outside the lawmakers' purpose.
  • A hobbyist drone pilot is prosecuted under an aviation statute governing 'aircraft operators,' but the court rules the law was intended for commercial and manned aviation, not recreational toy drones.

Legal domains

Cite this maxim

NeCede Max. 1.5.316 — A thing that is within the letter of a statute, is not within the statute, unless it be within the intention of the law makers. — Wharton, III-32

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