Maxim 10.1.12
It is guessing, not interpretation, that altogether departs from the letter.
Divinatio, non interpretatio est, quae omnino recedit a litera.
Source: Bacon, Max. reg. 3; Broom, Max. 622
Difficulty 2/5 — Approachable
Explanation
While liberal construction is favored, it has a limit: an interpretation that abandons the written text entirely is mere speculation and must be rejected. (Duplicate maxim — see also 10.3.12.)
Where this applies
- Their interpretation has nothing to do with the actual words of the law.
- The court is reading something into the statute that isn't there at all.
- You can't call it interpretation if it completely abandons the text.
Legal domains
See also
- 10.1.1 Liberal constructions of written instruments are to be made, on account of the simplicity of the common people, so that the thing may have effect rather than perish; and words should serve the intention, not the intention the words.
- 10.2.10 From the words of the law there must be no departure.
- 10.3.12 It is a guess, not interpretation, which altogether departs from the letter.
Cite this maxim
NeCede Max. 10.1.12 — It is guessing, not interpretation, that altogether departs from the letter. — Bacon, Max. reg. 3; Broom, Max. 622 (Divinatio, non interpretatio est, quae omnino recedit a litera.)
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