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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