Legal Definitions - contra legem terrae

Contra legem terrae is a Latin phrase that translates to "against the law of the land."

This term describes any action, decision, or situation that is in violation of the established legal rules, statutes, or constitutional principles of a particular jurisdiction. Essentially, it refers to something that is unlawful or contrary to the prevailing legal framework.

Here are some examples illustrating this concept:

• Example 1: Unpermitted Construction

  Imagine a homeowner decides to build a large, multi-story extension onto their house without first applying for or receiving the required building permits from their local municipality. Local zoning laws and building codes explicitly mandate that such construction projects must be approved by city planners and inspectors to ensure safety and compliance with community standards.

  This action would be considered contra legem terrae because the homeowner is proceeding with construction in direct violation of established local ordinances and regulations, which constitute part of "the law of the land."

• Example 2: Government Overreach

  Consider a state legislature that passes a new law imposing a severe, disproportionate tax on residents of a specific ethnic minority group. The state's constitution, however, clearly guarantees equal protection under the law for all citizens, prohibiting discrimination based on ethnicity.

  Such a discriminatory tax law would be deemed contra legem terrae because it directly contradicts and violates a fundamental principle enshrined in the state's constitution, which is the supreme "law of the land" within that jurisdiction.

• Example 3: Illegal Contract

  Suppose two individuals enter into a written agreement where one party promises to pay the other a sum of money in exchange for the delivery of a large quantity of illegal narcotics. They sign the document, intending it to be a binding contract.

  This entire agreement is contra legem terrae. Even if formally written and signed, a contract whose purpose involves an activity that is explicitly prohibited by criminal law is void and unenforceable because it is "against the law of the land."