Legal Definitions - litera legis

Litera legis is a Latin term that translates to "the letter of the law." It refers to the exact, literal wording of a statute, regulation, or contract, interpreted strictly without considering the broader intent, purpose, or spirit behind it. When a rule is applied according to its litera legis, it means adhering precisely to what the words explicitly state, even if doing so leads to an outcome that seems contrary to what the rule-makers originally intended.

Here are some examples to illustrate the concept of litera legis:

• Public Park Regulation: Imagine a sign in a public park that states, "No motorized vehicles allowed on the walking paths." A person is seen riding a high-powered electric scooter, which is technically a motorized vehicle, on the path. When confronted, they argue that the rule was intended to prevent cars and motorcycles, not quiet, personal electric devices.

  How it illustrates litera legis: Applying the litera legis means interpreting "motorized vehicles" exactly as written. An electric scooter has a motor, so it is a motorized vehicle. Regardless of whether the rule's original intent was to prevent larger, noisier vehicles, the strict wording prohibits the scooter. The focus is solely on the explicit words of the rule, not its underlying purpose.

• Construction Contract Clause: A construction contract includes a clause stating, "All materials must be delivered to the job site by the 15th of each month." In a particular month, the contractor orders a specialized component that is essential for the project. The supplier ships it on the 14th, but due to unforeseen shipping delays, it arrives on the 16th.

  How it illustrates litera legis: A strict interpretation based on the litera legis would mean the contractor has breached the contract because the materials were not physically "delivered to the job site" by the 15th. Even if the contractor made every reasonable effort and the delay was beyond their control (which might be considered under the "spirit" of the contract), the literal wording of the clause was not met.

• Local Zoning Ordinance: A city zoning ordinance states, "No structures over 20 feet in height are permitted in residential zones." A homeowner builds a new shed in their backyard that measures exactly 20 feet from the ground to the highest point of its roof. The city inspector notes that the shed's foundation adds an additional 6 inches, making the total height from the bottom of the foundation to the roof peak 20 feet 6 inches.

  How it illustrates litera legis: If the ordinance is interpreted strictly by its litera legis, and "height" is defined as the total vertical measurement from the lowest point of the structure (including the foundation) to its highest point, then the shed violates the ordinance. The exact wording of "over 20 feet" is applied without considering whether the extra 6 inches from the foundation significantly impacts the neighborhood's aesthetic or the original intent of the height restriction.