Maxim 8.1.36
The practice of the judges is the interpreter of the laws.
Praxis judicum est interpres legum.
Source: Hob. 96; Jackson; Weisman, 63e
Difficulty 2/5 — Approachable
Explanation
How judges have consistently applied the law in practice is the most reliable guide to its meaning — judicial usage is the living interpretation of enacted text.
Where this applies
- How judges have actually applied this law over the years is the best guide to what it means.
- The practical usage of a legal rule by judges carries more weight than academic commentary.
Legal domains
Cite this maxim
NeCede Max. 8.1.36 — The practice of the judges is the interpreter of the laws. — Hob. 96; Jackson; Weisman, 63e (Praxis judicum est interpres legum.)
Found an error? Suggest a correction →