Legal Definitions - ex visceribus verborum

Ex visceribus verborum is a Latin phrase that translates to "from the very words themselves" or "from the heart of the words." In legal contexts, this principle refers to the interpretation of a document—such as a contract, statute, or will—based solely on the plain, literal meaning of the words used within the document itself. It means that the meaning must be derived exclusively from the text, without considering external evidence, unstated intentions of the author, or surrounding circumstances that are not explicitly mentioned in the document.

Here are some examples to illustrate this concept:

• Contract Interpretation: Imagine a commercial lease agreement that states, "The tenant shall be responsible for all repairs to the interior of the leased premises." If a dispute arises over a broken window, and the tenant argues they believed the landlord would cover structural issues like windows, a court applying ex visceribus verborum would look only at the explicit wording of the clause. Since a window is part of the "interior," the court would likely rule that the tenant is responsible, regardless of the tenant's unwritten understanding or intent, because the words of the contract clearly assign that responsibility.

• Statutory Interpretation: Consider a local ordinance that prohibits "the consumption of alcoholic beverages in public parks." If someone is cited for drinking a non-alcoholic beer in a park and argues that it doesn't contain alcohol, a judge applying ex visceribus verborum would examine the precise definition of "alcoholic beverages" as provided within the ordinance or related statutes. If the definition explicitly states that "alcoholic beverages" refers only to drinks containing a certain percentage of alcohol by volume, and non-alcoholic beer falls below that threshold, the judge would interpret the ordinance strictly based on its own words, leading to the conclusion that non-alcoholic beer is not prohibited.

• Will Interpretation: Suppose a will contains a clause stating, "I give my entire stamp collection to my nephew, David." After the testator's death, the executor discovers that the testator also owned a valuable coin collection. David might argue that the testator intended to give him all collections, not just stamps. However, if the will contains no other language to suggest a broader intent, a court applying ex visceribus verborum would interpret the will strictly based on the words "stamp collection." The court would conclude that only the stamp collection passes to David, as that is what the will explicitly states, without speculating on the testator's unexpressed wishes regarding other collections.