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NeCede's

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

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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