Legal Definitions - comparatio literarum

comparatio literarum

The Latin term comparatio literarum refers to the act of comparing different pieces of writing to determine their authorship or authenticity. This process involves a detailed examination of handwriting, linguistic style, and other textual characteristics to establish whether a particular document was written by a specific individual or if it is genuine.

• Example 1: Disputed Will Signature
  Imagine a situation where a family member challenges the validity of a will, claiming that the signature of the deceased person was forged. In this scenario, a forensic document examiner would perform comparatio literarum. They would meticulously compare the disputed signature on the will with several undisputed samples of the deceased's handwriting from other documents, such as old checks, contracts, or personal letters. By analyzing unique characteristics, pen pressure, letter formation, and spacing, the expert aims to determine if the signature on the will was indeed made by the same hand as the known samples, thereby establishing its authenticity or lack thereof.

• Example 2: Authentication of a Historical Manuscript
  Consider a newly discovered manuscript believed to be an original work by a famous historical author, but its authenticity is questioned by scholars. To verify its origin, experts would undertake comparatio literarum. They would compare the handwriting, vocabulary, grammatical structures, and stylistic nuances of the new manuscript against authenticated letters, diaries, and other known writings of the historical author. This comparison helps to confirm if the newly found document aligns with the established writing patterns and habits of the purported author, lending credence to its authenticity.

• Example 3: Anonymous Threatening Letter
  In a criminal investigation, an anonymous threatening letter is sent to a public figure. The police have a suspect and obtain samples of their handwriting. To determine if the suspect is the author of the anonymous letter, forensic experts would conduct comparatio literarum. They would analyze the suspect's known handwriting samples and compare them against the anonymous letter, looking for consistent individual characteristics, such as specific letter formations, slant, baseline habits, and spacing. This comparison helps to either link the suspect to the anonymous writing or rule them out as the author.