DEFINITIO

4 definitions found across Law Mind sources

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DEFINITIOAuthored
The Law Mind • 925 words
Definition
A Latin term from Roman and civil law meaning definition, explanation, or exposition. In legal usage, *definitio* refers to the act of circumscribing a concept, rule, or term within precise limits — drawing a boundary (*finis*) around everything that properly belongs to a legal category or idea. It encompasses both the formal statement of what a thing is and the establishment of a general rule governing how that concept applies. The term appears most frequently in the context of Roman and civil law jurisprudence, where it described the intellectual act of fixing the meaning and scope of legal terms, offenses, duties, or powers. It is closely associated with the celebrated maxim *Omnis definitio in jure civili periculosa est* — "All definition in the civil law is hazardous" — a caution that the effort to set hard boundaries around legal meanings is inherently risky because no formulation can anticipate every circumstance. ---
Common Language
Modern common usage (Wiktionary): A statement of the exact meaning of a word, phrase, or concept; the act of making clear and distinct. Historical common usage (Webster's 1913): The act of defining; a description of a thing by its properties; an explanation of the meaning of a word or term. The ordinary meaning of "definition" and the civil law *definitio* are closely related in surface meaning, but the legal context carries an additional dimension of institutional risk. Where everyday usage treats definition as a clarifying act, the legal tradition — captured in the *periculosa est* maxim — treats formal definitional efforts with structural caution. In law, to define is also to limit, and to limit is to exclude cases the drafter may not have foreseen. ---
Why It Matters in Research
Researchers working in civil law materials, comparative law, or early English legal history will encounter *definitio* as a term of art, not as a vernacular equivalent to the English word "definition." The distinction matters: historical sources often invoke *definitio* specifically to invoke or contest the *periculosa est* maxim, meaning a passage citing *definitio* may be making an argument about interpretive restraint rather than merely supplying a meaning. The maxim *Omnis definitio in jure periculosa est* appears across centuries of legal commentary and judicial reasoning. When encountered in historical sources, it is typically deployed as a caution against rigid statutory construction or as a hedge against the overreach of definitions in codification projects. Researchers should be alert to this rhetorical use: a citation to *definitio* in an older treatise may signal skepticism about a rule's scope, not endorsement of a crisp formulation. In Black's 2nd Edition, the term appears primarily in the context of legislative drafting — specifically in discussions of how legislative acts define offenses, extend powers, or fix boundaries. This usage reflects the term's migration from pure civil law jurisprudence into common law commentary on statutory interpretation. The corpus thus contains *definitio* operating in at least two distinct registers: the Roman/civil law philosophical register (definition as dangerous abstraction) and the legislative drafting register (definition as a technical function of statutory language). Researchers should not assume that instances of *definitio* across the corpus share the same valence. The Burrill and Anderson entries are working in the civil law tradition; Black's entry is engaged with common law statutory analysis. Cross-referencing these entries will surface that divergence. ---
Historical Dictionary Support
Burrill offers the most substantive civil law treatment, tracing *definitio* to *definire* and emphasizing both its primary meaning (explanation that encloses a concept within its limits) and its secondary meaning (the establishment of a general rule). Burrill cites the Digest (Dig. 50.17.202) for the *periculosa est* maxim, anchoring the entry in a specific and verifiable Roman law source. Anderson's entry is shorter but consonant with Burrill, foregrounding the maxim and its practical lesson: that attempts to define terms and limit statutory application are attended with difficulty because perfect accuracy is unattainable. Anderson's framing is more pragmatic than jurisprudential — oriented toward the working lawyer navigating definitional problems rather than the civilian theorist. Black's 2nd Edition does not treat *definitio* as a standalone doctrinal entry in the way Burrill does. The relevant Black's material appears in the context of legislative act construction, where the act of definition is described as a standard legislative function — expanding or contracting the scope of offenses, duties, and powers. This represents a meaningful departure from the civil law tradition: Black's is describing what legislators *do* with definitions, while Burrill and Anderson are cautioning about the inherent limits of the exercise. What the historical dictionaries collectively underscore is that *definitio* is not a neutral technical term. It carries embedded in its history a persistent warning — the *periculosa* tradition — that formal legal definitions carry structural risk. This warning is more prominent in the civil law sources than in the common law materials, but it informs both. ---
Encyclopedia Cross-Reference
See Law Mind Encyclopedia: Statutory Interpretation; Civil Law and Common Law Traditions; Maxims of Jurisprudence. ---
Related Terms
Definire — the Latin verb form; to define or delimit Finis — boundarylimit; the root concept embedded in *definitio* Omnis definitio in jure periculosa est — the associated maxim; see Maxims Statutory construction — the common law analog to definitional disputes Exposition — closely related function in civil law; explanation of legal meaning Circumscription — the limiting function performed by a *definitio* Interpretation — broader process of which *definitio* is one formal tool Codification — legislative context where *definitio* operates in Black's treatment
DEFINITIOmain
Anderson's Dictionary of Law • 1890
L. A bounding, limiting: of the present tenant or possessor was origdefining, definition. Omnis definitio in jure periculosa est. All limitation in law is perilous; defining in law is dangerous. Attempts to define the meaning of words, and to limit the application of statutes, are attended with more or a deforcement. less difficulty. Thus, it is difficult to frame perfectly accurate definitions of such terms as accident; general agent, special agent; 1 bailment; boarder, guest, lodger; crimen falsi; cruelty; dwelling-house; fraud; 3 internal police; larceny; public policy; reasonable doubt; slight, ordinary, and gross negligence; regulations of commerce as distinguished from police regulations. See those terms. Thus, also, as there are exceptions to almost every rule of law, and as circumstances alter cases infinitely, when a statute itself imposes no limitation upon its meaning or application, the courts, in construing the statute, as a rule, confine themselves to the circumstances of the case in hand. Legal definitions, for the most part, are generalizations derived from judicial experience. To be complete and adequate, they must sum up the results of all of that experience. 7 The meaning given to common words by the leading lexicographers is entitled to weight, yet regard must always be had to the circumstances under which a word (as, traveler) is used in a statute. The definitions of the standard lexicographers are authority as indicating the popular use of words. See ETYMOLOGY; INDICTMENT; WORD.
DEFINITIOmain
Burrill's Law Dictionary • 1867
Lat. [from definire, q. v.] In the civil law. Definition; explanation; exposition; the explanation of a thing, including, as within a circumscribed line or limit, (finis,) everything pertaining to it.* Calv. Lex. Jurid. The establishment or laying down of a general rule. Id. Omnis definitio in jure civili periculosa est. All definition in the civil law is hazardous. Dig. 50. 17. 202. This maxim, otherwise expressed, Omnis definitio in lege periculosa, is frequently cited as illustrative of the difficulties attending definition in its ordinary modern acceptation, viz. the explanation of the meaning of words. Swinburne on Wills, part 1, sect. 3. But according to Calvin, it is not so difficult to define a thing exactly, as it is rare to be able to lay down a rule of law in terms at once so comprehensive and precise as to be proof against criticism. Neque tam est difficile rem aliquam in jure civili exacte definire, quam est rarum regulam ex legibus colligere quæ nulla in parte infirmari queat. Calv. ub.sup. See Swinburne, ub. sup. in notis. A general rule or canon of law. Lex. Jurid. Calv.
DEFINITIOmain
Black's Law Dictionary (2nd Ed.) • 1910
is frequently used in the creation, enlarging, and extending the powers and duties of boards and officers, in defining certain offenses 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 boundaries, more especially where a dispute has arisen concerning them. It is used between different governments, as to define the extent of a kingdom or country.” People v. Bradley, Mich. 452. Lat. Definition, or, more strictly, limiting or bounding; as in the maxim of the civil law: Omnis definitio periculosa est, parum est enim ut non subverti possit, (Dig. 50, 17, 202;) 1. e, the attempt to bring the law within the boundaries of precise definitions is hazardous, as there are hut few cases in which such a limitation cannot be subverted.

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