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NeCede's

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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