Maxim 10.2.31
We must speak as the common people; we must think as the learned.
Loquendum ut vulgus, sentiendum ut docti.
Source: 7 Co. 11; Bouvier
Difficulty 2/5 — Approachable
Explanation
Words in a statute or instrument are taken in their ordinary, popular sense — the language of the People — but the reasoning applied to them must be precise and learned.
Where this applies
- Legal terms should be understood the way ordinary people understand them.
- The law speaks in the language of the common people even though its reasoning is learned.
- Words in a statute are given their everyday meaning, not their academic definition.
Legal domains
Cite this maxim
NeCede Max. 10.2.31 — We must speak as the common people; we must think as the learned. — 7 Co. 11; Bouvier (Loquendum ut vulgus, sentiendum ut docti.)
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