Question:
What best describes the purport of the Latin maxim ubi lex non distinguit nec nos distinguere debemos?
What best describes the purport of the Latin maxim ubi lex non distinguit nec nos distinguere debemos?
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This maxim supports the literal rule of interpretation by preventing the judiciary from narrowing the scope of general legislative words through unwritten judicial exceptions.
Updated On: Jul 7, 2026
- Courts must distinguish where the law does not.
- Where the law makes no distinctions, one does not distinguish.
- Statutory distinctions are legal in so far as they are rational.
- Statutory distinctions shall not bind the judiciary.
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The Correct Option is B
Solution and Explanation
Step 1: Understanding the Question:
The question asks for the correct translation and meaning of the Latin legal maxim "ubi lex non distinguit nec nos distinguere debemos".
Step 2: Key Principles and Statutory Provisions:
This maxim is a rule of statutory interpretation that prevents courts from inserting classifications or distinctions where the legislature has used broad, unqualified terms.
Step 3: Detailed Explanation and Analysis:
• The maxim translates literally to: "Where the law does not distinguish, we ought not to distinguish."
• If the words of a statute are general and unqualified, they must be applied generally to all situations falling within their scope.
Courts cannot introduce exceptions, qualifications, or distinctions that are not written in the text.
• For example, if a law grants a right to "all citizens", a court cannot restrict that right to "only property-owning citizens" unless the statute itself contains such a distinction.
Doing so would violate the separation of powers by allowing the judiciary to rewrite laws.
Step 4: Final Answer:
The maxim dictates that where the law makes no distinctions, we must not distinguish, which corresponds to Option B.
The question asks for the correct translation and meaning of the Latin legal maxim "ubi lex non distinguit nec nos distinguere debemos".
Step 2: Key Principles and Statutory Provisions:
This maxim is a rule of statutory interpretation that prevents courts from inserting classifications or distinctions where the legislature has used broad, unqualified terms.
Step 3: Detailed Explanation and Analysis:
• The maxim translates literally to: "Where the law does not distinguish, we ought not to distinguish."
• If the words of a statute are general and unqualified, they must be applied generally to all situations falling within their scope.
Courts cannot introduce exceptions, qualifications, or distinctions that are not written in the text.
• For example, if a law grants a right to "all citizens", a court cannot restrict that right to "only property-owning citizens" unless the statute itself contains such a distinction.
Doing so would violate the separation of powers by allowing the judiciary to rewrite laws.
Step 4: Final Answer:
The maxim dictates that where the law makes no distinctions, we must not distinguish, which corresponds to Option B.
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