Maxim 10.1.21
Every interpretation either declares, extends, or restrains.
Omnis interpretatio vel declarat, vel extendit, vel restringit.
Source: Bouvier; Weisman, 22ii
Difficulty 2/5 — Approachable
Explanation
There are only three operations of interpretation: to declare the existing meaning, to extend it to like cases, or to confine it within narrower bounds; no interpretation can do anything beyond these three.
Where this applies
- I need to understand what type of interpretation is being applied — is it declaring, extending, or restricting the law.
- The court can only do three things with a law: say what it means, expand it, or narrow it.
- Any interpretation must fall into one of three categories — there are no other options.
Legal domains
Cite this maxim
NeCede Max. 10.1.21 — Every interpretation either declares, extends, or restrains. — Bouvier; Weisman, 22ii (Omnis interpretatio vel declarat, vel extendit, vel restringit.)
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