Legal Definitions - ex legibus

Ex legibus is a Latin phrase meaning "according to the laws." When something is to be interpreted ex legibus, it signifies that its meaning should be understood not merely by the literal wording (the "letter" of the law), but also by considering the underlying intention, purpose, and principles that guided its creation (the "spirit" of the law). This approach ensures that legal provisions are applied fairly and in alignment with their original objectives and broader legal principles.

• Example 1: Contractual Agreement

  Imagine a business contract includes a clause stating, "All communication must be in writing." One party sends an urgent email to the other, which is then disputed as not being "in writing" because it's electronic, not on paper.

  • How it illustrates ex legibus: A strict interpretation of the "letter" of the clause might argue that "in writing" implies physical paper. However, an interpretation ex legibus would consider the "spirit" of the clause, which is likely to ensure a clear, verifiable record of communication. Since email provides such a record, it would likely be deemed to satisfy the underlying intent of the clause, even if not strictly conforming to a traditional paper-based definition of "writing."

• Example 2: Public Safety Ordinance

  A city ordinance prohibits "loitering" in front of commercial establishments. A group of tourists stops briefly outside a popular landmark to take photos and consult a map before moving on.

  • How it illustrates ex legibus: The "letter" of the law might technically define "loitering" as standing idly. However, the "spirit" of such an ordinance is typically to prevent individuals from obstructing business, engaging in illicit activities, or creating a nuisance. Interpreting ex legibus, a law enforcement officer would likely recognize that the tourists' brief stop for legitimate purposes does not violate the *spirit* of the anti-loitering law, which targets disruptive or problematic behavior, rather than innocent, temporary pauses.

• Example 3: Company Policy on Resource Use

  A company policy states, "Employees shall not use company equipment for personal gain." An employee uses a company printer to print a single, non-urgent personal document, like a doctor's appointment reminder.

  • How it illustrates ex legibus: The "letter" of the policy could be interpreted to mean any personal use, no matter how minor, is prohibited. However, the "spirit" of the policy is likely to prevent significant misuse of company resources, large-scale personal projects, or activities that incur substantial cost or risk to the company. An interpretation ex legibus would consider whether printing a single, minor personal document truly constitutes "personal gain" in a way that undermines the company's intent to protect its assets and prevent abuse, rather than focusing solely on the literal act of personal use.