Maxim 10.2.19
In words, not the words but the thing and the meaning are to be inquired after.
In verbis non verba sed res et ratio quaerenda est.
Source: Jenk. Cent. 182; Jackson; Weisman, 104cc
Difficulty 2/5 — Approachable
Explanation
The substance and reason behind the words, not the words themselves, are the proper object of legal inquiry.
Where this applies
- We need to look beyond the literal words to understand the substance and meaning.
- The real inquiry isn't the words themselves but the thing and reason behind them.
- They're focusing on the bare words instead of what was actually meant.
Legal domains
See also
Cite this maxim
NeCede Max. 10.2.19 — In words, not the words but the thing and the meaning are to be inquired after. — Jenk. Cent. 182; Jackson; Weisman, 104cc (In verbis non verba sed res et ratio quaerenda est.)
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