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NeCede's

Maxim 10.1.11

Laws are to be more liberally interpreted so that their intent may be preserved.

Leges ad meliora contrahendas interpretandae sunt.

Source: Dig. 1, 3, 18; Dig. 1, 3, 16; Weisman, 22b Difficulty 2/5 — Approachable

Explanation

Where a strict reading of a law would defeat its purpose, a broader reading that preserves the legislative intent is to be preferred.

Where this applies

  • A strict reading of this law would completely defeat its purpose.
  • The legislature clearly intended something broader than the narrow literal text.
  • The law should be interpreted more broadly to preserve what it was meant to accomplish.

Legal domains

See also

Cite this maxim

NeCede Max. 10.1.11 — Laws are to be more liberally interpreted so that their intent may be preserved. — Dig. 1, 3, 18; Dig. 1, 3, 16; Weisman, 22b (Leges ad meliora contrahendas interpretandae sunt.)

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