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NeCede's

Maxim 10.1.22

Lawful commands receive a strict interpretation, but unlawful ones a wide and broad construction.

Mandata licita recipiunt strictam interpretationem, sed illicita latam et extensam.

Source: Bacon's Max. Reg. 16; Bouvier Difficulty 3/5 — Intermediate

Explanation

A lawful order is confined to its strict terms so that authority is not exceeded; an unlawful order is read broadly so that any illegality within it may be fully exposed and defeated.

Where this applies

  • A lawful government order should be read strictly within its limits.
  • An unlawful order should be read broadly so its illegality is fully exposed.
  • If a command is legal, construe it narrowly; if illegal, construe it widely to reveal the overreach.

Legal domains

Cite this maxim

NeCede Max. 10.1.22 — Lawful commands receive a strict interpretation, but unlawful ones a wide and broad construction. — Bacon's Max. Reg. 16; Bouvier (Mandata licita recipiunt strictam interpretationem, sed illicita latam et extensam.)

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