Maxim 10.1.27
Things which have had a certain interpretation [whose interpretation has been settled, as by common opinion] are not to be altered.
Source: Co. Litt. 365; Wing. Max. p. 748, max. 202; Weisman, 22t
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Once an authoritative interpretation of a legal term or provision has been settled by common usage or judicial decision, it should not be disturbed — stability of meaning is essential to the rule of law.
Where this applies
- A word in a statute has been interpreted the same way by courts for 150 years, and a new litigant tries to argue it means something entirely different — the court refuses to disturb the settled meaning.
- The phrase "due process" has a long-established legal meaning, and a legislature tries to redefine it in a new statute to mean something narrower — courts reject the redefinition.
- A commercial term like "FOB" has been understood the same way in trade for decades, and one party to a shipping contract tries to give it a novel interpretation to avoid liability.
Legal domains
Cite this maxim
NeCede Max. 10.1.27 — Things which have had a certain interpretation [whose interpretation has been settled, as by common opinion] are not to be altered. — Co. Litt. 365; Wing. Max. p. 748, max. 202; Weisman, 22t
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