Legal Definitions - ex ingenio

The Latin phrase ex ingenio historically refers to a decision or action taken according to one's own judgment, skill, or intellect. It signifies that a choice was made based purely on an individual's personal discretion, wisdom, or expertise, rather than by following a strict rule, established law, or external directive.

Here are a few examples to illustrate this concept:

• Imagine a skilled artisan in a medieval guild tasked with repairing a unique, ancient clockwork mechanism. There are no existing manuals or blueprints for this particular device, and no other guild member has encountered its specific intricacies. The artisan must rely entirely on their own understanding of mechanics, their accumulated experience, and their innate problem-solving ability to diagnose the fault and devise a repair. This repair would be performed ex ingenio, based solely on the artisan's personal ingenuity and judgment.

  This example demonstrates ex ingenio because the artisan's solution stems from their individual skill and creative problem-solving, not from following a pre-existing guide or instruction.

• Consider a historical military commander facing an unexpected turn of events during a battle, such as a sudden change in weather or an unforeseen enemy maneuver. There is no time to consult higher authorities or pre-written battle plans for this specific contingency. The commander must make an immediate, critical tactical decision based on their battlefield experience, strategic insight, and personal assessment of the situation. This crucial command would be given ex ingenio.

  This illustrates ex ingenio as the commander's decision is born out of their personal judgment and expertise in a novel, high-stakes situation, without external guidance.

• In a historical court setting, a judge might encounter a case where the existing statutes or precedents do not directly address the unique circumstances presented. Rather than dismissing the case or applying an ill-fitting law, the judge might be compelled to render a verdict based on their personal understanding of justice, fairness, and the spirit of the law, drawing upon their own wisdom and moral compass. Such a ruling would be made ex ingenio.

  This example highlights ex ingenio by showing a decision made by a legal authority based on their individual interpretation and sense of justice when formal rules are insufficient.