Legal Definitions - strictum jus

Strictum jus is a Latin legal term that refers to the strict application of legal rules and principles. It focuses solely on the literal interpretation of the law, without considering broader notions of fairness, equity, or the specific circumstances of a particular case. This approach emphasizes adherence to the exact letter of the law, even if the outcome might appear harsh or unjust in a given situation.

• Example 1 (Contract Law):

  Imagine a commercial lease agreement that explicitly states rent is due on the first day of each month, and a late fee of $200 will be applied if payment is not *received* by the second day. A tenant mails the rent on the first, but due to an unforeseen regional postal strike, the payment arrives on the third day.

  Under strictum jus, the landlord would be legally entitled to charge the $200 late fee. The strict wording of the contract specifies that payment must be *received* by the second day, and since it was not, the condition for the late fee is met. The landlord is not required to consider the tenant's good faith effort or the external circumstances of the postal strike.

• Example 2 (Property Law/Easement):

  Consider a property deed that grants a neighbor an easement (a right to use another's land) to cross a specific 8-foot wide strip of land to access their garage. Over several years, the neighbor's landscaping, including a small decorative fence, gradually encroaches by one foot onto the easement area, making the usable path 7 feet wide. This still allows the neighbor to drive their car through.

  Applying strictum jus, the property owner could demand the removal of the fence and landscaping because the easement was granted for a full 8-foot width. The law would be applied precisely as written in the deed, without considering whether the slight encroachment actually impedes the neighbor's access significantly or if it has been tolerated for a long time.

• Example 3 (Statutory Interpretation/Administrative Law):

  A local city ordinance states that "no building permit shall be issued for any structure exceeding 30 feet in height within a residential zone." A homeowner applies for a permit to build a new addition that measures 30 feet and 2 inches at its highest point.

  Under strictum jus, the city's planning department would deny the permit application. The ordinance sets a clear, numerical limit of 30 feet, and the proposed structure literally exceeds that limit, even by a small margin. The department would not consider arguments about the negligible difference in height or the aesthetic impact, but rather apply the exact wording of the statute.