QUZXCUNQUE INTRA RATIONEM

2 definitions found across Law Mind sources

QUZXCUNQUE INTRA RATIONEMAuthored
The Law Mind • 872 words
Definition
A Latin maxim of statutory and common law interpretation meaning, in full: *quaecunque intra rationem legis inveniuntur intra legem ipsam esse judicantur* — "things which are found within the reason of a law are supposed to be within the law itself." The maxim instructs that where a situation falls within the spirit or animating purpose of a legal rule, it is treated as falling within the rule's scope, even if the precise circumstances were not explicitly enumerated by the text. It is a principle of purposive or equitable construction: reason supplies what literal text may omit. --- NOTE ON SPELLING The headword as it appears in certain historical sources reflects variant or corrupted orthography ("Quzxcunque," "Quescungque") arising from early print typesetting errors and manuscript abbreviations. The canonical Latin is *quaecunque* (whatever things). Researchers encountering the variant spellings in digitized historical dictionaries should treat them as the same maxim. ---
Common Confusion
This maxim is sometimes conflated with the related but distinct principle that penal statutes must be construed strictly. The two pull in opposite directions: *quaecunque intra rationem* favors expansive, purposive reading to bring unstated cases within a rule's coverage, while strict construction of penal or taxing statutes resists exactly that expansion. Black's 2nd edition places both maxims in the same general neighborhood of interpretive rules, and researchers should be careful not to apply the purposive maxim to contexts — criminal law, taxation, forfeitures — where strict construction traditionally governs. The maxim appearing immediately after it in Black's 2nd edition — concerning royal grants being construed strictly against the Crown — operates on a wholly different rationale (sovereign grants are read narrowly because they derogate from the Crown's prerogative). The two maxims state opposite interpretive presumptions and apply in opposite contexts. ---
Why It Matters in Research
This maxim is almost exclusively a creature of historical legal argument. It appears in Coke's *Institutes* (cited as 2 Inst. 689 in Black's) and was deployed in early English and colonial American courts to resolve gaps in statutory coverage by reference to legislative purpose. Researchers working in pre-20th century case law will encounter it in arguments about whether a newly arisen fact pattern should be governed by an existing statute, even though the statute's text does not explicitly address it. In modern legal research, the underlying principle survives — it maps closely onto what contemporary statutory interpretation scholarship calls "purposivism" — but the Latin maxim itself has largely dropped from judicial opinions. A researcher reading 17th, 18th, or 19th century materials who encounters this phrase should understand it as an invocation of purposive construction, not a standalone rule with independent doctrinal force. The maxim also has implications for understanding how Coke and his contemporaries theorized the relationship between written law and its animating reason (*ratio legis*). In that framework, reason was not merely an interpretive tool but a constitutive element of the law itself — a gap in text was not a gap in law if reason covered it. This understanding is meaningfully different from modern textualist assumptions, and researchers should not read modern interpretive debates backward onto historical uses of this maxim. Digitization artifacts are a practical hazard: the corrupted spellings in early printed editions of Black's and similar digest-style works have been reproduced in some legal databases. Keyword searches for this maxim may require searching on multiple spelling variants or on key words within the phrase (*rationem legis*, *intra legem*) rather than the full phrase. ---
Historical Dictionary Support
Black's Law Dictionary (2nd Ed.) is the sole source dictionary in the Law Mind corpus containing this maxim. Black's presents it as a bare statement of the rule with a citation to 2 Inst. 689 (Coke's *Institutes of the Laws of England*, Second Part), without elaboration or examples. The citation to Coke is significant: it anchors the maxim in the tradition of common law reasoning in which the *ratio legis* — the reason or ground of the law — was treated as legally operative, not merely as an aid to resolving ambiguity. Black's 2nd edition reproduces the maxim in the context of a list of Latin phrases and brocards, a standard organizational feature of late 19th and early 20th century legal dictionaries that collected maxims without always contextualizing their actual judicial use or currency. Researchers should treat the appearance of a maxim in Black's as evidence that the phrase circulated in legal argument, not necessarily that it was frequently or consistently applied as a binding rule of decision. No historical dictionary in the Law Mind corpus beyond Black's 2nd includes this maxim, limiting cross-reference opportunities within the shelf. ---
Jurisdictional Note
As a maxim of common law interpretive tradition, this principle has no jurisdiction-specific statutory home. Its application varied by court and era. English equity courts were more receptive to purposive gap-filling of this kind; common law courts applied it more selectively. American courts inherited both traditions, and its relevance in any given jurisdiction depends on that jurisdiction's general approach to statutory interpretation. ---
Related Terms
Ratio Legis · Statutory Construction · Purposivism · Strict Construction · Ejusdem Generis · Expressio Unius Est Exclusio Alterius · Equity of the Statute · Coke's Institutes
QUZXCUNQUE INTRA RATIONEMmain
Black's Law Dictionary (2nd Ed.) • 1910
Quescungque intra rationem legis inveniuntur intra legem ipsam esse judi- ' eantur. Things which are found within the reason of a law are supposed to be within the law itself. 2 Inst. 689. Qusslibet concessio domini regis capi debet stricte contra dominum regem, quando potest intelligi duabus wiis. 3 Leon. 243. Every grant of our lord the king ought to be taken strictly against our lord the king, when it can be understood in two ways. Qualibet concessio fortissime contra donatorem interpretanda est. Every grant is to be interpreted most strongly against the grantor. Co. Litt. 183a. Quelibet jurisdictio cancellos suos hhabet. Jenk. Cent. 137. Every qurieaicoen has its own bounds. Quelibet pardonatio debet oapi seeundum intentionem regis, et nom ad deceptionem regis. 3 Bulst. 14. Every pardon ought to be taken according to the intention of the king, and not to the de-- ception of the king. Quslibet poena corporalis, quamvis minima, major est qualibet pona pecumiaria. § Inst. 220. Every corporal punishment, although the very least, is greater than any pecuniary punishment. Quseras de dubiis legem bene discero si vis. Inquire into doubtful points if you wish to understand the law well. Litt. § 143.

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