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NeCede's

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.)

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