SCALE

10 definitions found across Law Mind sources

SCALEAuthored
The Law Mind • 893 words
Definition
In early American law, to scale a debt or obligation meant to adjust, graduate, or reduce its nominal value according to a fixed ratio or schedule — most commonly to account for the depreciation of paper currency relative to specie (hard money). A court or legislature that "scaled" a debt was not forgiving it but recalculating what it was actually worth in sound money at the time it was contracted or at the time of judgment. The process was a formal legal mechanism, not a matter of judicial discretion. It operated by applying a published table or statutory schedule that assigned a depreciation ratio for each period, allowing debts denominated in inflated paper currency to be converted to their specie equivalent. The result was that a creditor received less in nominal terms but ostensibly the same value in real terms as the original obligation intended.
Common Language
Modern common usage (Wiktionary): A sequence used for measurement; a ratio of depicted to actual distance; size or scope generally. Historical common usage (Webster's 1913): The dish of a balance; an instrument for weighing; used figuratively to suggest balance or proportion. The legal meaning of scale as a verb — to reduce or adjust according to a ratio — is loosely related to the common idea of a graduated measure, but the legal term carries a specific historical function: correcting distortions caused by currency depreciation through a formal legal process. A researcher who encounters "scale" in an early American legal document should not read it as a general synonym for "reduce" or "weigh" but as a reference to this precise debt-adjustment procedure.
Common Confusion
"Scale" in this legal context should not be confused with its appearance in modern legal drafting, where "scale" may refer to fee schedules, wage scales, or proportional reduction of claims in bankruptcy distributions. These modern uses share the same root concept of proportional adjustment but are not historically or doctrinally connected to the early American scaling-of-debts practice. Conflating them when reading historical Virginia or post-Revolutionary sources will produce serious misreadings.
Why It Matters in Research
Scaling appears almost exclusively in early American legal materials — particularly Virginia sources from the Revolutionary period through the early Republic — and is effectively a dead term in modern practice. Researchers working in this period face two traps. First, the term is context-dependent. "The court scaled the debt" is technically a statement about currency conversion, not judicial reduction of a claim on equitable grounds. Understanding the Virginia depreciation tables and the statutory framework behind scaling is necessary to interpret what any scaled figure actually meant in practice. Second, the source base is narrow. The anchor case in all three historical dictionaries — Walden v. Payne, 2 Washington (Va.) 5 — is a Virginia case from the early Republic. Researchers relying on this entry should be aware that the doctrine was localized, not a general common-law principle transplanted across all early American jurisdictions. Scaling legislation varied by state, and the Virginia framework should not be assumed to apply to Massachusetts, Maryland, or other state sources without independent verification. For corpus researchers, this term is a useful marker. Its presence in a document is a strong signal that the document dates from approximately 1777 to the early 1800s, involves currency disputes from the Revolutionary era, and likely implicates Virginia or another state that experienced severe paper money depreciation. It is also a signal that the nominal figures in the document require adjustment before any historical financial analysis is meaningful.
Historical Dictionary Support
All three dictionaries agree on the core meaning: to adjust, graduate, or value according to a scale, in the specific context of correcting for currency depreciation. There is no meaningful divergence on substance. Burrill's is the most informative of the three, adding the critical explanatory note that scaling was "rendered necessary by the great depreciation" of paper money after American independence, and referencing the Virginia Act of February 10 [the entry is incomplete as reproduced, but refers to Virginia's depreciation legislation]. The Black's editions reproduce the definition more tersely, with the 2nd edition formalizing the case citation to Walden v. Payne. What all three sources omit is any treatment of the legislative machinery behind scaling — the depreciation tables published by state legislatures that made scaling a deterministic calculation rather than an exercise of judicial discretion. Researchers should not rely on the dictionary entries alone to understand the process; the Virginia statutes and contemporary legal commentary are necessary supplements. None of the historical dictionaries treats scale as anything other than an early American term, and none suggests it survived into 19th-century general practice. This is accurate.
Jurisdictional Note
Scaling as a formal debt-adjustment doctrine was most fully developed in Virginia, where the practice was authorized by specific legislation and supported by published depreciation tables. Other states that issued paper currency during the Revolutionary period had analogous mechanisms, but the term "scale" and the specific procedural framework described in the historical dictionaries are primarily a Virginia phenomenon. Researchers working in other early American jurisdictions should look for equivalent local terminology rather than assuming the Virginia doctrine applied.
Related Terms
Depreciation table; specie; paper money; legal tender; debt adjustment; valuation; currency conversion; Walden v. Payne; Virginia depreciation legislation; nominal value; real value
SCALEmain
Black's Law Dictionary • 1891
In early American law. To ad- just, graduate, or value according to a scale. 02 Wash. (Va.) 5, S. P
SCALEmain
Black's Law Dictionary (2nd Ed.) • 1910
In early American law. To adjust, graduate, or value according to a scale. Walden v. Payne, 2 Wash. (Va.) 5, 6.
SCALEmain
Burrill's Law Dictionary • 1870
In early American law. To adjust, graduate or value according to a scale. "The court scaled the debt." Marshall, arg. 2 Wash. (Va.) R. 5, 6. A term used after the establishment of American independence, to signify a process of adjusting the difference in value between paper money and specie, rendered necessary by the great depreciation of the former. The act of assembly of Virginia of February 10, 1781, establishing a scale of depreciation, and declaring that outstanding current money contracts should be regulated by such scale, as at the date of such contracts, is called an "An act for scaling paper money contracts." 2 Wash. (Va.) R. [41,] 52. Id. [98, 99,] 127. Id. [103, 104,] 132, 134.
SCALEn.
Websters Unabridged Dictionary (1913) • 1913
The dish of a balance; hence, the balance itself; an instrument or machine for weighing; as, to turn the scale; -- chiefly used in the plural when applied to the whole instrument or apparatus for weighing. Also used figuratively. Long time in even scale The battle hung. Milton. The scales are turned; her kindness weighs no more Now than my vows. Waller. The sign or constellation Libra. Platform scale. See under Platform. tip the scales, influence an action so as to change an outcome from one likely result to another.
SCALEv.
Websters Unabridged Dictionary (1913) • 1913
To weigh or measure according to a scale; to measure; also, to grade or vary according to a scale or system. Scaling his present bearing with his past. Shak. To scale, or scale down, a debt, wages, etc., to reduce a debt, etc., according to a fixed ratio or scale. [U.S.]
SCALEn.
Websters Unabridged Dictionary (1913) • 1913
One of the small, thin, membranous, bony or horny pieces which form the covering of many fishes and reptiles, and some mammals, belonging to the dermal part of the skeleton, or dermoskeleton. See Cycloid, Ctenoid, and Ganoid. Fish that, with their fins and shining scales, Glide under the green wave. Milton. Hence, any layer or leaf of metal or other material, resembling in size and thinness the scale of a fish; as, a scale of iron, of bone, etc. One of the small scalelike structures covering parts of some invertebrates, as those on the wings of Lepidoptera and on the body of Thysanura; the elytra of certain annelids. See Lepidoptera. A scale insect. (See below.) A small appendage like a rudimentary leaf, resembling the scales of a fish in form, and often in arrangement; as, the scale of a bud, of a pine cone, and the like. The name is also given to the chaff on the stems of ferns. The thin metallic side plate of the handle of a pocketknife. See Illust. of Pocketknife. An incrustation deposit on the inside of a vessel in which water is heated, as a steam boiler. The thin oxide which forms on the surface of iron forgings. It consists esentially of the magnetic oxide, Fe3O4. Also, a similar coating upon other metals. Covering scale (Zoöl.), a hydrophyllium. -- Ganoid scale (Zoöl.) See under Ganoid. -- Scale armor (Mil.), armor made of small metallic scales overlapping, and fastened upon leather or cloth. -- Scale beetle (Zoöl.), the tiger beetle. -- Scale carp (Zoöl.), a carp having normal scales. -- Scale insect (Zoöl.), any one of numerous species of small hemipterous insects belonging to the family Coccidæ, in which the females, when adult, become more or less scalelike in form. They are found upon the leaves and twigs of various trees and shrubs, and often do great damage to fruit trees. See Orange scale,under Orange. -- Scale moss (Bot.), any leafy-stemmed moss of the order Hepaticæ; -- so called from the small imbricated scalelike leaves of most of the species. See Hepatica, 2, and Jungermannia.
scalenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A ladder; a series of steps; a means of ascending. | An ordered, usually numerical sequence used for measurement; means of assigning a magnitude. | Size; scope. | The ratio of depicted distance to actual distance. | A line or bar associated with a drawing, used to indicate measurement when the image has been magnified or reduced. | A series of notes spanning an octave, tritave, or pseudo-octave, used to make melodies. | A mathematical base for a numeral system; radix. | Gradation; succession of ascending and descending steps and degrees; progressive series; scheme of comparative rank or order. | A standard amount of money to be paid for a service, for example union-negotiated amounts received by a performer or writer; similar to wage scale or pay grade.
scalenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
Part of an overlapping arrangement of many small, flat and hard pieces of keratin covering the skin of an animal, particularly a fish or reptile. | A small piece of pigmented chitin, many of which coat the wings of a butterfly or moth to give them their color. | A flake of skin of an animal afflicted with dermatitis. | Part of an overlapping arrangement of many small, flat and hard protective layers forming a pinecone that flare when mature to release pine nut seeds. | The flaky material sloughed off heated metal. | Scale mail (as opposed to chain mail). | Limescale. | A scale insect. | The thin metallic side plate of the handle of a pocketknife. | An infestation of scale insects on a plant; commonly thought of as, or mistaken for, a disease.
scalenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A device to measure mass or weight. | Either of the pans, trays, or dishes of a balance or scales.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In