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NeCede's

Maxim 1.5.319

The times must be distinguished.

Distinguenda sunt tempora.

Source: Wharton, III-74; Weisman, 100h Difficulty 3/5 — Intermediate

Explanation

In construing statutes, contracts, and rights, the time period matters — what was lawful at one time may be unlawful at another, and the applicable law is determined by the time of the act.

Where this applies

  • A contract signed in 1920 is interpreted under the legal standards of that era, not under modern commercial law, because the times must be distinguished.
  • A property right established under colonial law is analyzed according to the legal framework in force at the time the right vested, not under current statutes.
  • A criminal defendant's conduct is judged under the law as it existed when the act was committed, not under a subsequently enacted and harsher statute, because the relevant time period must be identified and respected.

Legal domains

See also

Cite this maxim

NeCede Max. 1.5.319 — The times must be distinguished. — Wharton, III-74; Weisman, 100h (Distinguenda sunt tempora.)

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