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NeCede's

Maxim 10.2.10

From the words of the law there must be no departure.

A verbis legis non est recedendum.

Source: 5 Co. 119; Wing. Max. 25; Weisman, 104v Difficulty 2/5 — Approachable

Explanation

Where the words are clear, there is no room for construction; the plain text governs and may not be overridden by appeal to purpose or policy.

Where this applies

  • The plain words of the law are clear and there's no room for creative interpretation.
  • They want to override the literal text by appealing to purpose or policy.
  • When the statute says what it means, the court must apply it as written.

Legal domains

See also

Cite this maxim

NeCede Max. 10.2.10 — From the words of the law there must be no departure. — 5 Co. 119; Wing. Max. 25; Weisman, 104v (A verbis legis non est recedendum.)

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