Legal Definitions - ex delectu familiae

The Latin phrase ex delectu familiae translates to "from choice of a certain family."

This historical legal concept refers to the power or right of an authority, often a sovereign or powerful figure, to select individuals for positions, honors, or privileges primarily because they belong to a particular family or lineage. The selection is based on the family connection rather than solely on the individual's personal merit, qualifications, or achievements.

Here are some examples to illustrate this concept:

• Example 1: Royal Appointments

  Imagine a historical kingdom where the monarch needed to appoint a new governor for a strategically important province. Instead of conducting a thorough search for the most skilled administrator or military strategist, the king chooses the eldest son of a long-standing noble family known for its loyalty to the crown. This son, while perhaps competent, is selected primarily because of his family's established position and historical ties to the monarchy, rather than an objective assessment of his individual qualifications compared to other potential candidates.

  This illustrates ex delectu familiae because the choice for the governorship is made based on the individual's membership in a specific, favored family, emphasizing lineage over a broader search for the most qualified person.

• Example 2: Succession in a Traditional Craft Guild

  Consider a centuries-old, highly respected guild of master artisans in a fictional city. When the position of Grand Master becomes vacant, the guild's ancient charter dictates that the new leader must be chosen from a specific lineage of founding families. Even if another artisan from a different family demonstrates superior skill, innovative techniques, and exceptional leadership qualities, the selection committee is bound to choose a candidate from the designated "founding family" pool.

  This demonstrates ex delectu familiae as the selection for the prestigious leadership role is predetermined by belonging to a particular family, regardless of individual merit that might be found elsewhere.

• Example 3: Corporate Board Appointments (Historical Context)

  In the early days of a large, influential trading company founded by a powerful merchant family, key positions on the board of directors were almost exclusively reserved for members of the founder's extended family. Even as the company grew and required diverse expertise, the tradition persisted that new board members would be drawn from the family's various branches, ensuring family control and influence, often overlooking external candidates with specialized financial or logistical knowledge.

  Here, ex delectu familiae is evident because the selection for critical leadership roles within the company was primarily based on an individual's membership in the founding family, prioritizing familial connection over a broader search for the most suitable candidates.