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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