Maxim 10.2.12
Common observance is not to be departed from, and things which have a certain meaning are to be changed as little as possible.
A communi observantia non est recedendum, et minime mutandae sunt quae certam interpretationem habent.
Source: Wing. Max. 756; Jackson
Difficulty 2/5 — Approachable
Explanation
Settled usage and established meaning are not lightly disturbed; a term whose sense is fixed by long practice should not be given a novel construction.
Where this applies
- A term has been understood the same way for generations and shouldn't be given a new meaning now.
- Common usage and settled practice shouldn't be abandoned for a novel interpretation.
- The established meaning of this word has been fixed for a long time and shouldn't change.
Legal domains
See also
Cite this maxim
NeCede Max. 10.2.12 — Common observance is not to be departed from, and things which have a certain meaning are to be changed as little as possible. — Wing. Max. 756; Jackson (A communi observantia non est recedendum, et minime mutandae sunt quae certam interpretationem habent.)
Found an error? Suggest a correction →