Legal Definitions - ita lex scripta est

The Latin phrase ita lex scripta est translates to "So the law is written."

This expression embodies the principle that a law must be applied and obeyed precisely as its text dictates, without deviation. It emphasizes strict adherence to the literal wording of a statute, rule, or contract, even if its application appears rigid, leads to a seemingly harsh outcome in a particular situation, or if one might question the underlying reasons for the law. The focus is on the exact legal text as it stands, rather than on seeking exceptions or interpreting its spirit in a way that contradicts its clear language.

Here are some examples illustrating this principle:

• Imagine a local ordinance that prohibits parking on a certain street between 8 AM and 5 PM, Monday through Friday. A driver parks their car there at 4:55 PM on a Tuesday, intending to move it quickly, but gets delayed and returns at 5:05 PM to find a parking ticket. Even though they were only five minutes over the prohibited time and the street was nearly empty, the parking enforcement officer applied the law exactly as it was written. The defense "I was only a few minutes late" would likely be rejected because ita lex scripta est – the law clearly states the prohibited hours, and no exceptions are provided for minor overstays.

• Consider a business contract that specifies a penalty for late delivery of goods, stating that "time is of the essence." Due to an unexpected, severe weather event, a supplier is unable to deliver a shipment by the agreed-upon date. Despite the unforeseen circumstances, the buyer might invoke ita lex scripta est, insisting on the contractual penalty because the contract's terms regarding delivery deadlines and penalties are explicit and do not include exceptions for acts of nature in that specific clause. The contract was written to impose a penalty for late delivery, regardless of the reason.

• In a courtroom setting, a procedural rule might require all evidence to be submitted to the opposing party at least 30 days before trial. A lawyer discovers a crucial piece of evidence 20 days before trial. Even if this evidence could significantly impact the case's outcome and prove their client's innocence, the judge might rule it inadmissible. The judge, adhering to ita lex scripta est, would enforce the written procedural rule, prioritizing the established legal process over the potential for a more "just" outcome in this specific instance, because the rule is clear and does not allow for exceptions based on late discovery.