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NeCede's

Maxim 3.6.19

Language is the exponent of the intention. The language of a statute or instrument is the best guide to the intention.

Source: Broom, Max. 622; Weisman, 60g Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The words of a statute or instrument are the primary evidence of the maker's intent — begin every exercise of construction with the plain language before resorting to extrinsic aids.

Where this applies

  • A court interprets a contract by starting with the plain meaning of the words the parties chose, before considering any parol evidence of what they might have intended.
  • A judge construes a statute by reading the text as written, holding that the language itself is the best guide to what the legislature meant.
  • A will uses clear and unambiguous terms directing that all property go to the testator's daughter; the court refuses to override the plain language with speculation about unexpressed wishes.

Legal domains

Cite this maxim

NeCede Max. 3.6.19 — Language is the exponent of the intention. The language of a statute or instrument is the best guide to the intention. — Broom, Max. 622; Weisman, 60g

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