Maxim 1.5.324
So the law is written.
Ita lex scripta est.
Source: Wharton, III-153
Difficulty 3/5 — Intermediate
Explanation
Where the written law is clear and unambiguous, courts must apply it as written without adding to it or subtracting from it — the plain text governs, however harsh the result may seem.
Where this applies
- A statute clearly states that property taxes are due on January 1, and a taxpayer who pays on January 2 is subject to penalties because the court must apply the law as written, regardless of how minor the delay.
- A contract unambiguously requires delivery by a specific date, and the court enforces the deadline strictly because the written terms are clear.
- A constitutional provision plainly requires a two-thirds vote for amendments, and the court refuses to accept a simple majority vote because the text is unambiguous and must be followed as written.
Legal domains
Cite this maxim
NeCede Max. 1.5.324 — So the law is written. — Wharton, III-153 (Ita lex scripta est.)
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