Legal Definitions - contemporanea expositio

Contemporanea expositio is a legal principle that suggests the most accurate way to understand a law or a document is by looking at how it was understood and applied by the people who created it, or by those who used it professionally at the time it was made. This means that the original, contemporary understanding or long-standing professional usage is considered the most accurate interpretation, even if the words might have a different common meaning today or a different historical origin.

• Example 1: City Zoning Ordinance

  Imagine a city ordinance from 1920 that prohibits "commercial establishments" in a residential zone. In 2023, a resident starts an online business from their home, selling handmade crafts, but has no customers visiting the property. The city tries to fine them, arguing it's a "commercial establishment."

  Applying contemporanea expositio, a court would consider what "commercial establishment" meant to the city council and the public in 1920. At that time, it almost certainly referred to physical storefronts like grocery stores, laundries, or barber shops, with customers coming and going. It would not have encompassed a home-based online business without physical traffic. Therefore, the court would likely rule that the original intent and understanding of the ordinance in 1920 did not cover the modern online business, even though it is technically "commercial."

• Example 2: Historical Employment Contract

  Consider an employment contract drafted in the 1960s that promises an employee "reasonable travel expenses" for business trips. Today, the employee travels frequently by air, stays in modern hotels with Wi-Fi, and uses ride-sharing services, submitting these costs for reimbursement.

  To interpret "reasonable travel expenses" under contemporanea expositio, a court would look at what was considered "reasonable" and customary for business travel in the 1960s. This might include train tickets, basic hotel accommodations, and specific per diem rates for meals. While some adjustments for inflation might be made, the *types* of expenses and the *standard* of travel would be informed by the understanding prevalent when the contract was signed, rather than current expectations of convenience or luxury, which might include Wi-Fi or premium ride services.

• Example 3: University Charter

  A university's founding charter from the late 19th century grants the faculty the right to "supervise student conduct." A modern faculty member attempts to enforce a strict dress code for students even during their off-campus activities, citing this charter clause.

  Using contemporanea expositio, an arbiter would examine how "supervise student conduct" was understood and practiced by universities in the late 1800s. At that time, universities often exerted significant control over students' moral behavior, social activities, and personal lives, both on and off campus. This historical context would suggest a broader scope of supervision than is typical today, potentially supporting the faculty member's interpretation, even if it seems outdated by modern educational standards. The original intent and practice at the time of the charter's creation would be given significant weight.