Legal Definitions - mens legislatoris

Mens legislatoris is a Latin legal term that translates to "the intention of the lawmaker." It refers to the underlying purpose, aim, or objective that a legislative body had when it created a particular law or statute.

When the language of a law is unclear, ambiguous, or doesn't directly address a new situation, courts and legal professionals often look to the mens legislatoris to understand what the lawmakers originally intended the law to achieve. This helps in interpreting the law correctly and applying it in a way that aligns with its original purpose.

Here are a few examples illustrating mens legislatoris:

• New Technology and Old Laws: Imagine a state law passed in the 1990s that prohibits "the use of electronic communication devices to disrupt public gatherings." At the time, this might have been aimed at pagers or early mobile phones causing disturbances. Decades later, with the advent of drones, a person uses a drone to fly over a public protest, broadcasting loud music and flashing lights. A court might need to determine if a drone falls under "electronic communication devices" for the purpose of this law. To do so, they would examine the mens legislatoris: Was the lawmakers' original intent to prevent any device, regardless of its form, from causing disruption, or were they specifically targeting handheld communication devices? Understanding this intent would guide the court's decision on whether the drone use violates the statute.

• Ambiguous Wording in Regulations: A city ordinance states, "No commercial establishment shall permit the accumulation of refuse or debris visible from a public street." A new art gallery opens and displays a large, intentionally rusted metal sculpture outside its entrance. A city inspector cites the gallery, arguing the sculpture constitutes "debris." To resolve this, a legal review would consider the mens legislatoris. Was the city council's intent to maintain general cleanliness and prevent unsightly garbage, or was it also meant to regulate artistic displays that might be perceived as unconventional? If the primary intent was public health and sanitation, the sculpture might not be considered "debris" in the context of the ordinance.

• Scope of Protective Legislation: A federal act is passed to protect "migratory birds" by regulating hunting seasons and habitat destruction. The law specifically lists several well-known species. Years later, a previously unknown species of bird is discovered that also migrates across state lines but is not explicitly mentioned in the original list. When a developer proposes a project that would destroy the habitat of this new species, a legal challenge arises. To determine if the federal act applies, courts would consider the mens legislatoris. Was the lawmakers' intent to protect only the specific birds known at the time, or was the broader purpose to protect all species that fit the definition of "migratory birds" to preserve biodiversity and ecological balance? The broader interpretation of legislative intent would likely extend protection to the newly discovered species.