Skip to content
NeCede's

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.)

Found an error? Suggest a correction →