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NeCede's

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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