Legal Definitions - generalia specialibus non derogant

The legal principle of generalia specialibus non derogant, which translates from Latin to "general things do not derogate from specific things," is a fundamental rule of statutory interpretation. It holds that when there is a conflict between a general law and a more specific law, the specific law will typically take precedence, especially if the general law was enacted later. This means a broad, general statute is presumed not to repeal or override an earlier, more focused statute dealing with a particular subject, unless the legislature clearly intended to do so.

This principle is applied by courts to avoid unintended consequences and to respect the legislature's specific intent when it has addressed a particular issue in detail. It prevents general legislative acts from inadvertently nullifying or undermining specific, carefully crafted laws.

Here are some examples to illustrate this principle:

• Environmental Regulations: Imagine a state passes a new, broad environmental protection act requiring all industrial facilities to reduce their overall water pollution by 15% within five years. However, an older, more specific state law already exists that sets detailed, stringent limits on the discharge of specific heavy metals from mining operations into particular rivers. According to generalia specialibus non derogant, the new general water pollution reduction law would not automatically repeal or replace the older, specific regulations for mining operations. The mining operations would still be bound by the specific heavy metal limits, in addition to the new general reduction requirement, because the specific law addresses a particular environmental concern with greater detail and precision.

• Building Codes and Historic Preservation: Consider a city council that enacts a new general ordinance mandating that all new commercial buildings must include a certain number of accessible parking spaces. Separately, an existing, older city ordinance specifically governs construction and renovation within a designated historic district, allowing for exceptions to modern building requirements (like parking minimums) to preserve the district's historical character. Under the principle of generalia specialibus non derogant, the new general parking requirement would likely not automatically apply to new construction or renovations within the historic district if it conflicts with the specific historic preservation guidelines. The specific historic district ordinance would prevail, allowing for tailored solutions that respect the area's unique character, unless the new general ordinance explicitly stated it superseded all prior building codes, including those for historic districts.

• Consumer Protection Laws: Suppose a country passes a new federal law stating that all contracts for the sale of goods over a certain monetary value must be in writing to be legally enforceable. However, there is an older, more specific federal law that regulates the sale of specific financial products, such as certain types of investment securities, which allows for oral agreements to be binding under specific circumstances, provided certain disclosures are made. The principle of generalia specialibus non derogant would mean that the new general requirement for written contracts would not automatically invalidate the specific provisions allowing oral agreements for those particular financial products. The specific law governing the sale of investment securities would continue to apply, ensuring that the unique regulatory framework for these complex products is not unintentionally disrupted by a broad, general contracting rule.