SCIENDUM EST

Definition

A Latin phrase meaning "it is to be known" or "be it remarked." In the texts of Roman and civil law, *sciendum est* functions as a prefatory or introductory marker — a signal that what follows is a rule, principle, or clarification requiring particular attention. It does not carry substantive legal content of its own; rather, it is a structural device within legal writing, directing the reader to note an explanation or rule that might otherwise be overlooked. The phrase appears most frequently at the opening of a chapter, paragraph, or subdivision in the classical civil law literature, including the Institutes and Digest. It is the textual equivalent of a modern "note that" or "it should be understood that." The extended form *sciendum itaque est* ("it is to be known, then") performs the same function with a connective or transitional emphasis. ---

Why It Matters in Research

Researchers working in civil law sources — the Corpus Juris Civilis, its medieval commentaries, early modern treatises, or American and English works that draw on Roman law — will encounter *sciendum est* as a recurring structural signal. Understanding it prevents misreading: the phrase introduces what follows but is not itself a term of art carrying doctrine. A researcher scanning for substantive rules in a Digest passage should treat *sciendum est* the way a modern reader treats an em-dash or a colon — as punctuation, not substance. In historical American and English legal writing, the phrase appears in treatises engaging with civil law foundations, particularly in areas of equity, probate, trust law, and admiralty, where Roman law influence remained strong well into the nineteenth century. Burrill's example — drawn from Justinian's Institutes — concerns the early weakness of fideicommissa (trusts), which is a useful illustration of how the phrase introduces a rule that modifies or qualifies what a reader might otherwise assume. Because *sciendum est* is not a doctrinal term, it will not appear as a headnote, index entry, or keyword in the way that substantive legal terms do. Researchers using keyword searches in digitized historical corpora should be aware that hits for *sciendum est* mark structural moments in a text — transitions into rules or explanations — rather than mentions of a legal concept. This makes it useful as a locator for close reading but unreliable as a marker of topical subject matter. The phrase also serves as a reminder that Latin legal writing used formulaic rhetorical devices that do not map neatly onto modern legal drafting conventions. Treating introductory phrases like *sciendum est* as though they carry meaning equivalent to a holding or ratio decidendi is a common error when reading civil law texts without grounding in their conventions. ---

Historical Dictionary Support

Black's first and second editions agree closely, defining the phrase as "it is to be known; be it remarked" and placing its use specifically in civil law books, at the beginning of chapters or paragraphs, as introduction to explanation or direction to a particular rule. The first edition adds the phrase "the books" without completing the thought — an apparent typographic artifact of that edition rather than a meaningful textual difference. Burrill is the most useful of the three sources. He expands the translation slightly to "it is to be known, or understood," captures the introductory function accurately ("as preliminary to some explanation, or as calling attention to some particular rule"), and provides a concrete example from Justinian's Institutes (2.23.1) concerning fideicommissa. That example is genuinely instructive: it shows the phrase in context, introducing a historical observation about the originally precarious legal status of trusts. Burrill's entry is cut off mid-sentence in the available source, but the substantive content is sufficient. None of the three sources add doctrinal content to the phrase, which is appropriate. They agree that *sciendum est* is a rhetorical-structural device, not a term of art. Historical dictionaries generally handle such phrases correctly by keeping entries brief and illustrative. Researchers should not expect more from historical sources here than they provide. ---

Encyclopedia Cross-Reference

See Law Mind Encyclopedia: Civil Law Tradition; Roman Law Sources in Common Law Courts; Latin Terms in Legal Texts ---

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