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NeCede's

Maxim 10.1.9

Contemporaneous exposition is the best and most powerful in law.

Contemporanea expositio est optima et fortissima in lege.

Source: 2 Inst. 11; 3 Co. 7; 10 Co. 70; Broom, Max. 682; Weisman, 22z Difficulty 2/5 — Approachable

Explanation

A statute or instrument is best explained by the construction placed upon it by those who lived when it was made; later reinterpretation is suspect.

Where this applies

  • A constitutional provision is being reinterpreted centuries after it was written to mean something different.
  • The people who wrote and ratified this law understood it differently than how it's being read today.
  • The original understanding at the time the law was enacted should control its meaning.

Legal domains

See also

Cite this maxim

NeCede Max. 10.1.9 — Contemporaneous exposition is the best and most powerful in law. — 2 Inst. 11; 3 Co. 7; 10 Co. 70; Broom, Max. 682; Weisman, 22z (Contemporanea expositio est optima et fortissima in lege.)

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