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NeCede's

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

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.)

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