Maxim 10.6.2
Where the law does not distinguish, neither ought we to distinguish.
Ubi lex non distinguit, nec nos distinguere debemus.
Source: 7 Co. 5b; Weisman, 98g
Difficulty 1/5 — Foundational
Explanation
When the legislature has spoken in general terms without qualification, the court has no warrant to introduce distinctions or limitations the law itself does not make.
Where this applies
- The court is creating distinctions the law itself never made.
- The statute doesn't distinguish between the two situations so the court shouldn't either.
- Where the legislature spoke generally without qualification, the court can't narrow it.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 10.6.2 — Where the law does not distinguish, neither ought we to distinguish. — 7 Co. 5b; Weisman, 98g (Ubi lex non distinguit, nec nos distinguere debemus.)
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