Legal Definitions - inductio

Inductio is a term from Roman law that refers to the act of intentionally erasing, striking out, or removing a portion of a written document.

This action signifies an alteration or cancellation of the original text, indicating that the removed part is no longer considered valid or intended to be part of the final document.

• Example 1: Altering a Contract Draft

  Imagine two business partners are reviewing a draft contract for a new joint venture. The initial draft includes a clause that requires all disputes to be settled through binding arbitration. After further discussion, they decide they would prefer to attempt mediation before resorting to arbitration. One partner takes a pen and draws a clear line through the entire arbitration clause, and both partners initial the strike-through, indicating their agreement to remove it. They then add a new clause outlining their mediation preference.

  This act of striking through the arbitration clause is an example of inductio, as it is the deliberate removal of a specific part of the written agreement to change its terms before finalization.

• Example 2: Correcting a Scribe's Error

  Consider a historical scenario where a medieval scribe is meticulously copying a legal decree by hand. While transcribing, the scribe accidentally writes an incorrect date for a crucial event. Realizing the error, the scribe carefully draws a horizontal line through the mistaken date and then writes the correct date immediately above it, ensuring the document's accuracy.

  The scribe's action of striking out the incorrect date constitutes inductio, as it is an intentional erasure of a specific piece of information within the written text to correct a mistake.

• Example 3: Redacting Sensitive Information from Public Records

  A government agency is preparing to release a set of internal meeting minutes to the public in response to a freedom of information request. Before releasing the document, a legal team reviews it and determines that certain names and financial figures contain sensitive personal information that is legally protected and cannot be disclosed. An authorized official uses a thick black marker to completely obscure these specific names and figures from the document before it is made public.

  The act of redacting (blacking out) the sensitive names and financial figures is a form of inductio. It involves intentionally erasing or obscuring parts of the written document to prevent their disclosure, effectively removing them from the publicly accessible text.