Legal Definitions - instinct

Instinct (adjective)

In legal contexts, the term "instinct" is an archaic adjective used to describe something that is inherently imbued with, naturally charged with, or deeply infused with a particular quality, principle, or obligation. It signifies that the characteristic is not merely an external addition, but an intrinsic and inseparable part of the thing itself, fundamental to its nature or purpose.

• Example 1: A court might state that a particular statute is instinct with the legislative intent to promote public safety.

  Explanation: This means that the underlying purpose of ensuring public safety is not just a minor aspect, but a fundamental and pervasive principle woven throughout the entire law. It's an inherent quality that defines the statute's very essence and guides its interpretation.

• Example 2: The relationship between a lawyer and their client is instinct with a duty of confidentiality.

  Explanation: Here, confidentiality is not an optional add-on; it is an intrinsic and essential obligation that defines the professional relationship. The duty is deeply embedded and inseparable from the nature of legal representation itself.

• Example 3: A judge's ruling, even if not explicitly stated, may be considered instinct with the principles of equity and fairness.

  Explanation: This suggests that even without direct mention, the decision inherently embodies and is guided by the fundamental legal principles of fairness and equitable treatment. These principles are so deeply ingrained in the judicial process that they are understood to be present within the ruling.