Legal Definitions - per modum gratiae

per modum gratiae is a Latin legal phrase that historically means "by way of favor" or "as a matter of grace." It refers to an action or grant that is made out of kindness, discretion, or indulgence, rather than being something that is legally owed or required as a right. When something is given per modum gratiae, it means the recipient does not have a legal claim to it, and the grantor is not under any obligation to provide it.

Here are some examples illustrating this concept:

• Imagine a historical scenario where a monarch, after quelling a rebellion, decides to pardon certain individuals who participated. These individuals do not possess a legal right to be pardoned; rather, the monarch grants the pardon per modum gratiae, exercising sovereign discretion and mercy. It is a gift of clemency, not an entitlement.

• Consider a modern court case where a litigant misses a strict deadline for filing a crucial document due to an unexpected personal emergency. While the court's procedural rules might technically allow for the document to be rejected, a judge could, per modum gratiae, grant an extension or allow the late filing. This is not because the litigant has an inherent right to bypass the deadline, but because the judge exercises discretion to ensure fairness and prevent an unjust outcome.

• In the context of administrative law, a government agency might have specific regulations for operating a certain type of business. If a unique, non-profit organization applies for a permit that slightly deviates from the standard requirements but serves a significant public good, the agency might, per modum gratiae, grant a special exception or variance. This is a discretionary act of accommodation, not an acknowledgment of a legal right to operate outside the standard rules.