Legal Definitions - sub silentio

The Latin term sub silentio describes a situation where something is understood, implied, or decided without being explicitly stated, discussed, or formally acknowledged. It refers to an action or omission that occurs "under silence," meaning it's not openly addressed but is nonetheless a factor or outcome.

• Example 1: Judicial Interpretation

  Imagine a court issues a ruling on a complex contract dispute. In its written opinion, the court focuses entirely on interpreting specific clauses of the contract. However, for the court to even consider the contract valid, it implicitly assumes that both parties had the legal capacity to enter into the agreement (e.g., they were not minors or mentally incapacitated). The court never explicitly states, "We find both parties had legal capacity," because it was an unstated, foundational assumption necessary for the ruling. This implicit acceptance of legal capacity occurred sub silentio.

• Example 2: Corporate Policy Change

  A large technology company previously had an unwritten but widely understood policy allowing employees to expense up to $50 per month for personal development books. When the company updates its official expense policy document, it lists various categories like travel, meals, and software, but makes no mention of books at all. While there's no explicit statement saying "books are no longer reimbursable," the omission in the new, comprehensive policy is understood by employees to mean the benefit has been quietly discontinued. The change in policy regarding book reimbursement happened sub silentio.

• Example 3: Legislative Omission

  A city council is debating a new zoning ordinance to regulate the height of buildings in residential areas. During public hearings, some residents advocate for specific restrictions on the color of building exteriors, arguing certain colors detract from neighborhood aesthetics. After much discussion, the final ordinance is passed, meticulously detailing building height, setbacks, and materials, but it contains no provisions whatsoever regarding exterior paint colors. By passing the ordinance without addressing color, the council implicitly decided not to regulate building colors, leaving that aspect unregulated by this particular law. This decision not to regulate color was made sub silentio.