Maxim 3.4.3
To know the laws is not to hold to their mere words, but their force and power.
Scire leges non hoc est verba earum tenere, sed vim ac potestatem.
Source: Dig. 1, 3, 17; 1 Kent, Comm. 462; Weisman, 69m
Difficulty 1/5 — Foundational
Explanation
The letter of the law must yield to its spirit when the two conflict — he who grasps only the words without the meaning knows nothing.
Where this applies
- Someone memorizes statutes but does not understand their meaning or purpose.
- A lawyer quotes the law verbatim but misapplies it because they do not understand its spirit.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 3.4.3 — To know the laws is not to hold to their mere words, but their force and power. — Dig. 1, 3, 17; 1 Kent, Comm. 462; Weisman, 69m (Scire leges non hoc est verba earum tenere, sed vim ac potestatem.)
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