Legal Definitions - litera

Litera is a Latin term that refers to the literal, exact wording of a legal text, such as a statute, contract, or regulation. It emphasizes strict adherence to the words as they are written, often in contrast to the underlying intent or purpose (sometimes referred to as the "spirit" of the law). When a court or a party focuses on the litera, they are interpreting the text precisely as it appears, without considering broader context, implied meanings, or the original goals of those who drafted it.

• Example 1: A City Ordinance

  A local city ordinance states, "No animals are permitted in the public library." A visually impaired person attempts to enter the library with their certified service dog. The librarian, strictly adhering to the litera of the ordinance, initially denies entry, arguing that a service dog is still an "animal," despite the widely understood legal and social exceptions for assistance animals and the clear intent of such ordinances to prevent pets, not essential service providers.

  This example illustrates the concept of litera because the librarian is interpreting the rule based solely on its exact wording ("No animals"), without considering the broader context, the purpose of the law, or the specific legal protections for service animals.

• Example 2: A Commercial Contract

  A contract for the sale of goods specifies that "all deliveries must be made to the buyer's warehouse at 123 Main Street." On the day of delivery, the warehouse is undergoing unexpected repairs, and the buyer requests the delivery be made to a temporary storage facility just two blocks away. The seller, however, insists on strict adherence to the litera of the contract, refusing to deliver to any address other than 123 Main Street, causing significant delay and additional costs for the buyer to reroute the goods.

  Here, the seller is prioritizing the precise wording of the contract ("to the buyer's warehouse at 123 Main Street") over the practical intent of ensuring the goods reach the buyer, demonstrating an emphasis on the litera.

• Example 3: A University Policy

  A university's student conduct code states, "Students found cheating on any exam will receive a failing grade for the course." A student is caught sharing notes with a classmate during an open-book take-home exam, which is explicitly prohibited. The disciplinary committee, strictly applying the litera of the policy, assigns a failing grade for the entire course, even though the student only shared notes for a single question and the professor might have preferred a lesser penalty like a zero on the exam itself.

  This example demonstrates the application of litera because the disciplinary committee is enforcing the exact consequence stated in the policy ("failing grade for the course") without considering any mitigating circumstances or the potential for a more nuanced interpretation of "any exam."