SENSE

6 definitions found across Law Mind sources

SENSEAuthored
The Law Mind • 932 words
Definition
In legal usage, SENSE refers to the meaning or import of words, phrases, or provisions as they appear in legal instruments, documents, statutes, and pleadings. The term operates primarily in the context of construction and interpretation, where courts and counsel must determine whether language is being used in its common sense or its technical legal sense. 1. Common or ordinary sense: Words in a legal instrument are read according to their plain, everyday meaning unless context or legal convention demands otherwise. This is the default interpretive posture in most jurisdictions. 2. Artificial or technical sense: Words may carry a specialized legal meaning that departs from ordinary usage. When a term of art is employed, it is understood in that artificial sense rather than its popular one. 3. Insensible: A document or pleading is said to be insensible when it is unintelligible—typically because a material word has been omitted or the language is so defective that no coherent meaning can be extracted. An insensible pleading is generally held to be bad and subject to challenge.
Common Language
Modern common usage (Wiktionary): Any of the manners by which living beings perceive the physical world (sight, smell, hearing, touch, taste); also, sound practical judgment, or one meaning of a word among its various possible meanings. Historical common usage (Webster's 1913): A faculty possessed by animals of perceiving external objects by means of impressions made upon certain sensory organs of the body. The gap between common and legal usage is significant. Ordinary speakers use "sense" most naturally to refer to the five physical senses or to general prudence ("common sense"). Legal usage strips away the perceptual and faculty meanings almost entirely, centering instead on a narrower semantic function: the meaning or import of language in a written instrument. When a court asks what "sense" a word was used in, it is asking an interpretive question about signification, not a question about perception or judgment.
Common Confusion
Researchers should not conflate the legal question of sense with the question of intent. Determining the "sense" of a word is a textual inquiry—what the word means on its face, in its context. Determining intent is a broader inquiry that may reach extrinsic evidence. Historical sources sometimes slide between the two without clear separation, and older treatise writers occasionally use "sense" and "meaning" interchangeably with "intent" in ways that obscure this distinction. Additionally, the term insensible as used in pleading practice is easily misread by modern researchers who encounter it without context. It does not mean irrational or foolish in the colloquial sense; it means the text yields no intelligible meaning capable of legal operation.
Why It Matters in Research
Researchers working in the Law Mind corpus will encounter SENSE most frequently in two distinct doctrinal locations: (1) construction of instruments—wills, contracts, deeds, statutes—where the central question is whether a word or phrase should be read in its common sense or technical sense; and (2) pleading doctrine, where insensibility is a ground of objection to a defective pleading. The distinction between common and technical sense is not merely academic. Historical cases and treatises frequently turn on it, and the outcome of a construction question may depend entirely on which sense applies. Researchers should be alert to the fact that older sources often presume the common sense as default without stating it explicitly, while treating technical sense as a deliberate departure requiring justification. The term "in malo sensu" (in the bad sense) and related Latin constructions appear in historical sources as interpretive glosses, particularly in defamation and penal statute cases. Anderson's entry gestures toward this usage. Researchers who encounter these Latin variants should treat them as sub-problems within the broader construction question, not as free-standing doctrines. Jurisdictional and temporal variation affects how courts have weighted common versus technical sense. Nineteenth-century American courts and English courts of equity sometimes diverged sharply on when technical sense should govern. Sources from different periods and jurisdictions cannot be read interchangeably on this point.
Historical Dictionary Support
Anderson's Dictionary of Law gives the core legal definition cleanly: "Meaning; import." It correctly identifies the fundamental distinction between common or ordinary sense and artificial or technical sense as the operative framework in construction cases, and it addresses the pleading doctrine of insensibility as a distinct sub-application. Anderson's cross-reference to SENSUS is useful for researchers, as Latin-influenced legal writing frequently uses sensus where modern sources would write sense or meaning. Researchers in historical materials should follow that cross-reference. What Anderson's does not address—and what researchers should supply from treatise and case law sources—is the hierarchy of preference when common and technical senses conflict, the role of surrounding context (noscitur a sociis and related canons) in resolving ambiguity of sense, and the procedural consequences of a pleading being held insensible versus merely ambiguous. These are working distinctions that the dictionary entry leaves undeveloped.
Jurisdictional Note
The preference for common over technical sense as a default construction rule is broadly shared across American and English common law traditions, but the threshold for departing from common sense in favor of technical sense varies. Equity courts historically showed greater willingness to read instruments in their technical sense when the parties were presumed to have legal sophistication. Researchers should not assume uniform application across courts of law and equity, or across periods.
Related Terms
SENSUS | Construction | Interpretation | Common Sense (rule of) | Technical Meaning | Insensible | Pleading | Import | Ambiguity | Noscitur a Sociis | Words of Art | In Malo Sensu
SENSEmain
Anderson's Dictionary of Law • 1890
Meaning; import. See SENSUS. In the construction (q. v.) of instruments and documents of the various kinds, words are said to be used in their "common," "popular," "ordinary " sense, or else in an "artificial" or "technical" sense. Insensible. Unintelligible. A pleading which omits a material word may be "insensible," and therefore bad. 3 Sense; signification. The bad sense. In malo In the less favorable
SENSEn.
Websters Unabridged Dictionary (1913) • 1913
A faculty, possessed by animals, of perceiving external objects by means of impressions made upon certain organs (sensory or sense organs) of the body, or of perceiving changes in the condition of the body; as, the senses of sight, smell, hearing, taste, and touch. See Muscular sense, under Muscular, and Temperature sense, under Temperature. Let fancy still my sense in Lethe steep. Shak. What surmounts the reach Of human sense I shall delineate. Milton. The traitor Sense recalls The soaring soul from rest. Keble. Perception by the sensory organs of the body; sensation; sensibility; feeling. In a living creature, though never so great, the sense and the affects of any one part of the body instantly make a transcursion through the whole. Bacon. Perception through the intellect; apprehension; recognition; understanding; discernment; appreciation. This Basilius, having the quick sense of a lover. Sir P. Sidney. High disdain from sense of injured merit. Milton. Sound perception and reasoning; correct judgment; good mental capacity; understanding; also, that which is sound, true, or reasonable; rational meaning. "He speaks sense." Shak. He raves; his words are loose As heaps of sand, and scattering wide from sense. Dryden. That which is felt or is held as a sentiment, view, or opinion; judgment; notion; opinion. I speak my private but impartial sense With freedom. Roscommon. The municipal council of the city had ceased to speak the sense of the citizens. Macaulay. Meaning; import; signification; as, the true sense of words or phrases; the sense of a remark. So they read in the book in the law of God distinctly, and gave the sense. Neh. viii. 8. I think 't was in another sense. Shak. Moral perception or appreciation. Some are so hardened in wickedness as to have no sense of the most friendly offices. L' Estrange. One of two opposite directions in which a line, surface, or volume, may be supposed to be described by the motion of a point, line, or surface. Common sense, according to Sir W. Hamilton: (a) "The complement of those cognitions or convictions which we receive from nature, which all men possess in common, and by which they test the truth of knowledge and the morality of actions." (b) "The faculty of first principles." These two are the philosophical significations. "Such ordinary complement of intelligence, that,if a person be deficient therein, he is accounted mad or foolish." (d) When the substantive is emphasized: "Native practical intelligence, natural prudence, mother wit, tact in behavior, acuteness in the observation of character, in contrast to habits of acquired learning or of speculation." -- Moral sense. See under Moral, (a). -- The inner, or internal, sense, capacity of the mind to be aware of its own states; consciousness; reflection. "This source of ideas every man has wholly in himself, and though it be not sense, as having nothing to do with external objects, yet it is very like it, and might properly enough be called internal sense." Locke. -- Sense capsule (Anat.), one of the cartilaginous or bony cavities which inclose, more or less completely, the organs of smell, sight, and hearing. -- Sense organ (Physiol.), a specially irritable mechanism by which some one natural force or form of energy is enabled to excite sensory nerves; as the eye, ear, an end bulb or tactile corpuscle, etc. -- Sense organule (Anat.), one of the modified epithelial cells in or near which the fibers of the sensory nerves terminate.
SENSEv.
Websters Unabridged Dictionary (1913) • 1913
To perceive by the senses; to recognize. [Obs. or Colloq.] Is he sure that objects are not otherwise sensed by others than they are by him Glanvill.
sensenoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
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Any of the manners by which living beings perceive the physical world: for humans sight, smell, hearing, touch, taste. | Perception through the intellect; apprehension; awareness. | Sound practical or moral judgment. | The meaning, reason, or value of something. | The meaning, reason, or value of something. | A meaning of a term (word or expression), among its various meanings. | The meaning, reason, or value of something. | A single conventional use of a word; one of the entries or definitions for a word in a dictionary. | A natural appreciation or ability. | The way that a referent is presented. | One of two opposite directions in which a vector (especially of motion) may point. See also polarity. | One of two opposite directions of rotation, clockwise versus anti-clockwise. | referring to the strand of a nucleic acid that directly specifies the product.
senseverb
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.
To use biological senses: to either see, hear, smell, taste, or feel. | To instinctively be aware. | To comprehend.

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