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NeCede's

Maxim 10.3.12

It is a guess, not interpretation, which altogether departs from the letter.

Divinatio, non interpretatio est, quae omnino recedit a litera.

Source: Bacon, Max. in Reg. 3, p. 47; Bouvier; Weisman, 22m Difficulty 2/5 — Approachable

Explanation

Construction that abandons the text entirely is mere speculation; interpretation must remain tethered to the words actually used, however broadly or liberally they may be read.

Where this applies

  • Their reading of the statute abandons the text entirely — that's guesswork, not interpretation.
  • You can read broadly but you can't completely depart from what the words say.
  • Interpretation must stay tethered to the actual text, not fly off into speculation.

Legal domains

See also

Cite this maxim

NeCede Max. 10.3.12 — It is a guess, not interpretation, which altogether departs from the letter. — Bacon, Max. in Reg. 3, p. 47; Bouvier; Weisman, 22m (Divinatio, non interpretatio est, quae omnino recedit a litera.)

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