Maxim 10.2.21
He who sticks to the letter sticks to the bark; he who considers merely the letter of an instrument cannot comprehend its meaning.
Qui haeret in litera haeret in cortice.
Source: Co. Litt. 289; Jackson; Weisman, 22j
Difficulty 2/5 — Approachable
Explanation
Bare literalism misses the substance of an instrument just as one who examines only the bark of a tree misses the wood within. (Duplicate maxim — see also 1.5.293.)
Where this applies
- Reading the contract too literally misses what it actually means.
- Focusing only on the letter of the law misses the substance entirely.
- A pure literalist reading sticks to the bark and never gets to the wood.
Legal domains
See also
- 1.5.293 He who adheres to the letter of the law adheres to its bark.
- 10.1.1 Liberal constructions of written instruments are to be made, on account of the simplicity of the common people, so that the thing may have effect rather than perish; and words should serve the intention, not the intention the words.
- 10.2.2 The meaning of the words is the spirit of the law.
Cite this maxim
NeCede Max. 10.2.21 — He who sticks to the letter sticks to the bark; he who considers merely the letter of an instrument cannot comprehend its meaning. — Co. Litt. 289; Jackson; Weisman, 22j (Qui haeret in litera haeret in cortice.)
Found an error? Suggest a correction →