SOIRFAULT

2 definitions found across Law Mind sources

SOIRFAULTAuthored
The Law Mind • 612 words
Definition
"Soirfault" does not appear as a recognized legal term in the available source material. The Black's Law Dictionary (2nd Ed.) entry provided under this heading contains no definition for "soirfault" — the text supplied is a maxim entry concerning the exclusion of women from civil and public offices (beginning "Foeminae ab omnibus officiis civilibus..."), which appears to have been misattributed or mislabeled in the source data. No entry for "soirfault" has been located in Black's Law Dictionary (2nd Ed.), any other historical legal dictionary in the Law Mind corpus, or standard common law sources. The term does not correspond to a recognized Latin, Law French, or English legal term of art. ---
Why It Matters in Research
Researchers encountering "soirfault" in a source document should treat it with caution on several grounds. First, the source data mismatch here is a signal of a broader indexing or OCR problem. Historical legal dictionaries, particularly Black's 2nd Ed., were frequently digitized from scanned print editions. Optical character recognition errors, page-break misattributions, and index corruption can cause dictionary entries to be assigned to incorrect headwords. What appears here under "soirfault" is almost certainly the tail end of a preceding entry or a scanning artifact — the actual text supplied belongs to the maxim "Foeminae ab omnibus officiis civilibus vel publicis remotae sunt" (Women are excluded from all civil and public charges or offices), a Roman law principle carried into common law commentary. Second, "soirfault" superficially resembles Law French construction. Law French terms were common in medieval English legal sources and often survive in corrupted or variant spellings in older reports and digests. If a researcher encounters this string in a primary source, possibilities include: a misprint of "leur fault" (their fault or default), a variant of "default" in an archaic pleading context, or a transcription error from a manuscript source. None of these can be confirmed without examining the original document. Third, researchers should not assume a term is valid simply because it appears as a headword in a digitized dictionary. Headword corruption is a known artifact of large-scale legal dictionary digitization projects. When a term produces no coherent definition — or a definition plainly belonging to another entry — that is evidence of a data error, not a gap in the researcher's knowledge. If you are tracing the maxim about women and public office that appears in the source text, the correct entry to research is the Latin maxim "Foeminae ab omnibus officiis civilibus vel publicis remotae sunt," which has genuine historical legal content and traceable citations to Digest 50.17.2 and English reporters. ---
Historical Dictionary Support
Black's Law Dictionary (2nd Ed.) contains no substantive entry for "soirfault." The text appearing under this headword in the source data is the maxim "Foeminae ab omnibus officiis civilibus vel publicis remotae sunt," with accompanying authority citations to the Digest of Justinian (Dig. 50, 17, 2) and English reports (1 Exch. 645; 6 Mees. & W. 216), as well as the companion maxim "Foeminae non sunt capaces de publicis officiis" (Jenk. Cent. 237). These are real citations to real sources, but they belong to a different headword entirely. No other historical dictionary in the available corpus supplies a definition for "soirfault." The absence across multiple sources, combined with the data anomaly described above, strongly suggests the headword itself is not a genuine legal term. ---
Related Terms
Foeminae ab omnibus officiis civilibus vel publicis remotae sunt (the maxim erroneously associated with this headword) Default (possible Law French cognate) Law French (linguistic category relevant to source investigation) Maxims of Law (genre of legal authority from which the misattributed text derives)
SOIRFAULTmain
Black's Law Dictionary (2nd Ed.) • 1910
Fomine ab omnibus officiis civilibus vel publicis remots sunt. Women are excluded from all civil and public charges or offices. Dig. 50, 17, 2; 1 Exch. 645; 6 Mees. & W. 216. . Foaming non sunt capaces de publicis officiis. Jenk. Cent. 237. Women are not admissible to public offices.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In