DEFINE

8 definitions found across Law Mind sources

DEFINEAuthored
The Law Mind • 963 words
Definition
To define, as a legal act or function, means to fix the limits or meaning of something with authoritative precision. In legal usage, defining is not merely descriptive — it is operative. When a constitution, statute, court, or administrative body defines a term or delimits a power, it does so with binding effect: the act of defining creates, confines, and governs. The word appears in law in two principal modes: 1. To state the meaning of a term. Courts, legislatures, and drafters define words and phrases to resolve ambiguity, constrain interpretation, or establish a scope of application that differs from ordinary usage. A statutory definition section, for instance, does not merely clarify — it controls how every operative provision using that term must be read within that instrument. 2. To establish or mark boundaries. In constitutional and structural law, to define a power, a crime, a jurisdiction, or a right is to demarcate it — to set its outer limits and prevent encroachment beyond them. This usage echoes the Latin definire: to bound, to enclose. When Congress is granted power to "define and punish" piracies, the defining function is a substantive legislative act, not a lexicographical one. ---
Common Language
Wiktionary (modern): "To determine with precision; to mark out with distinctness; to ascertain or exhibit clearly"; also "to state the meaning of a word, phrase, sign, or symbol." Webster's 1913 (historical): "To fix the bounds of; to bring to a termination; to end"; "to determine or clearly exhibit the boundaries of; to mark the limits of." The gap between common and legal usage is one of consequence, not concept. In ordinary English, defining is explanatory — a dictionary tells you what a word means. In law, defining is constitutive: a legislative definition overrides common meaning, a judicial definition binds parties, and a constitutional grant of power to define a category (such as piracy or offenses against the law of nations) authorizes Congress to determine what conduct falls within a class, not merely to label it. A researcher who reads "define" as purely descriptive will miss the normative force the term carries in legal instruments. ---
Why It Matters in Research
The word "define" appears throughout constitutional text, statutory drafting, and judicial opinions with deceptively variable force. Researchers must be alert to three recurring traps: First, constitutional instances of "define" as a power grant. The Article I, Section 8 clause granting Congress power to "define and punish" piracies and felonies on the high seas was the subject of early Supreme Court attention (see the historical dictionaries' reference to 5 Wheat. 160). There, the Court treated "define" as an independent and substantive legislative function — the power to enumerate and delimit a criminal category, not merely to label it. This reading has structural consequences for how enumerated powers are construed. Second, statutory definition sections. Modern codes routinely include definition sections that explicitly control usage throughout the Act. Historical statutes often did not, leaving courts to supply meaning from common law or ordinary usage. When researching older materials, the absence of a definition section does not mean terms were undefined — it means definitions were imported from elsewhere, often the common law or legal dictionaries of the period. Bouvier's and Black's served this function explicitly. Third, judicial acts of definition. When a court "defines" the scope of a right, a tort, or a crime, that act is precedential. Tracking how a court's definition of a term has evolved — or how competing definitions across jurisdictions diverge — is often the central task in doctrinal research. The Law Mind corpus contains substantial material on definitional evolution in constitutional and statutory contexts. ---
Historical Dictionary Support
The four source dictionaries converge on two core senses: (1) to explain or state the exact meaning of words, and (2) to set bounds or mark limits. Bouvier adds the dimension of authority: to define is "to determine authoritatively, settle officially, decide judicially." This formulation captures what separates a legal definition from a dictionary gloss. Anderson's entry is notable for an apparent editorial artifact: after the brief definition of "define," the entry pivots immediately to "full defense" and related common-law pleading terms. This suggests a typographical or organizational disruption in the source text. Researchers using Anderson's for this entry should be aware that the useful content ends after the cross-reference to DEFINITIO and DEFINITION. Black's (2nd Ed.) grounds the term in case authority, citing U.S. v. Smith, 5 Wheat. 160 — the same piracy case Bouvier references — alongside Kentucky and Virginia authorities bearing on definitional precision in statutory and property contexts. Black's (1st Ed.) and the 2nd Ed. are substantively aligned on this term; neither edition significantly expands the other. What the historical dictionaries collectively underemphasize is the performative character of legal definition in statutory drafting. They treat "define" as something courts and constitutions do to resolve ambiguity, but modern legislative drafting has made the definition section a primary instrument of legal meaning-making. That development postdates most of the dictionary sources and is not reflected in their entries. ---
Encyclopedia Cross-Reference
Law Mind Encyclopedia — Statutory Construction Law Mind Encyclopedia — Constitutional Interpretation ---
Related Terms
DEFINITION (the noun form; the product of the act of defining) DEFINITIO (civil law antecedent; definition as a formal legal proposition) CONSTRUCTION (interpretation of instruments; distinct from but related to definition) INTERPRETATION (broader concept encompassing definition) QUALIFICATION (limiting or refining the scope of a term) LIMITATION (related bounding function in property and constitutional law) ENUMERATION (parallel function in constitutional grants of power) PIRACY (subject of the defining-power clause most discussed in the historical sources)
DEFINEmain
Black's Law Dictionary • 1891
To explain or state the exact meaning of words and phrases; to settle, make clear, establish boundaries. "An examination of our Session Laws will show that acts have frequently been passed, the consti- tutionality of which has never been questioned, where the powers and duties conferred could not be considered as merely explaining or making more clear those previously conferred or attempt- ed to be, although the word 'define' was used in the title. In legislation it is frequently used in the creation, enlarging, and extending the powers and duties of boards and officers, in defining certain of- fenses and providing punishment for the same, and thus enlarging and extending the scope of the criminal law. And it is properly used in the title where the object of the act is to determine or fix arisen concerning them. It is used between dif- ferent governments, as to define the extent of a kingdom or country." 36 Mich. 452. fender or protector of a city or municipality. boundaries, more especially where a dispute has An officer under the Roman empire, whose duty it was to protect the people against the injustice of the magistrates, the insolence of
DEFINEmain
Bouvier's Law Dictionary • 1928
To set bounds to, mark the limits of. To make clear the design or scope of a thing; to remove doubt or uncertainty as to the meaning or application of; to determine authoritatively, settle officially, decide ju- dicially. Anderson. To define piracies is to enumerate the crimes which shall constitute piracy. 5 Wheat. (U. S.) 160.
DEFINEmain
Anderson's Dictionary of Law • 1890
To set bounds to, mark the limits of. See DEFINITIO; DEFINITION. Full defense. In common-law practice, a defense made by the formula he "comes and defends the force and injury when and where it shall behoove him, the damages, and whatever else he ought to defend." Shortened into he "defends the force and injury, when," etc. Opposed, half-defense: made by the words he "comes and defends the force and injury, and says," etc.3 General defense. A general denial of decide judicially. the material allegations of a claim. A general denial is not equivalent to a general issue at common law. It only puts the plaintiff to proof of his substantial allegations. If the defendant has an affirmative defense in the nature of an avoidance he should plead it.4 Good, legal, sufficient, or valid defense. A defense which is ample or adequate in law as against the particular demand. Legal defense often stands opposed to equitable defense, q. v. No defense. Certificates are frequently required by proposed purchasers of mortgages standing in the name of the mortgagee or of his transferee, that the mortgagor has no defense, in equity or law, to a demand for payment thereof. Peremptory defense. That the plaintiff never had, or has not now, a right of action. Sham defense. A mere pretense of a defense, set up in bad faith, and without color of fact. See further SHAM. Whenever one is assailed in his person or property, he may defend himself, for the liability and the right are inseparable. A sentence of a court pronounced against a party without affording him an opportunity to be heard is not a judicial determination of his rights. There must be notice of some kind, actual or constructive. The period is a matter of regulation by positive law, rule of court, or established practice. See DAY, In court; ADMISSION, 2. 1 Parsons v. Denis, 2 McCrary, 360 (1881); Gibson v. Chouteau, 13 Wall. 102 (1871). 2 Northern Pacific R. Co. v. Paine, 119 U. S. 561 (1887); Phillips v. Negley, 117 id. 675 (1886), cases; Herklotz v. Chase, 32 F. R. 433 (1887). $3 Bl. Com. 298. * Walker v. Flint, 3 McCrary, 510 (1882). • Windson v. McVeigh, 93 U. S. 277 (1876), Field, J. 1. To make clear the design or scope of previous action; to remove doubt or uncertainty as to the meaning or application of; to determine authoritatively, settle officially, In popular meaning, often, to make clear and certain what was before uncertain or indefinite, to render distinct; but in legislation frequently has a broader signification. Many constitutional laws have been passed conferring powers and duties which could not be considered as merely explaining or making more clear those previously conferred or sought to be, although the word "define" was used in the title. In legislation the word is frequently used in creating, enlarging, and extending the powers and duties of boards and officers, and in defining and providing punishment for offenses - thus enlarging the scope of the criminal law. It may very properly be used in the title of a statute where the object is to determine or fix boundaries, especially where a dispute has arisen concerning them, whether the extent of territory included be enlarged or lessened.3 2. To enumerate or prescribe what act or acts shall constitute; to declare to be an offense. "To define piracies" is to enumerate the crimes which shall constitute piracy.4 Declaring that a certain act shall constitute an offense is "defining" that offense."
DEFINEv.
Websters Unabridged Dictionary (1913) • 1913
To fix the bounds of; to bring to a termination; to end. "To define controversies." Barrow. To determine or clearly exhibit the boundaries of; to mark the limits of; as, to define the extent of a kingdom or country. To determine with precision; to mark out with distinctness; to ascertain or exhibit clearly; as, the defining power of an optical instrument. Rings . . . very distinct and well defined. Sir I. Newton. To determine the precise signification of; to fix the meaning of; to describe accurately; to explain; to expound or interpret; as, to define a word, a phrase, or a scientific term. They define virtue to be life ordered according to nature. Robynson (More's Utopia).
DEFINEv.
Websters Unabridged Dictionary (1913) • 1913
To determine; to decide. [Obs.]
defineverb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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To determine with precision; to mark out with distinctness; to ascertain or exhibit clearly. | To settle, decide (an argument etc.) | To express the essential nature of something. | To state the meaning of a word, phrase, sign, or symbol. | To describe, explain, or make definite and clear; used to request the listener or other person to elaborate or explain more clearly his or her intended meaning of a word or expression. | To demark sharply the outlines or limits of an area or concept. | To establish the referent of a term or notation.
definenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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