This doctrine is based on the concept that a statute or a document is to be interpreted by referring to the exposition it has received from contemporary authority. The maxim “Contemporanea Expositio est optima et fortissinia in lege” means “contemporaneous exposition is the best and strongest in the law.” This means a law should be understood in the sense in which it was understood at the time when it was passed.
The principle of contemporanea expositio recognizes that the meaning of legal texts may change over time as language and society evolve, and that the best understanding of the text is often the understanding that was held at the time the text was written. This principle is particularly important in interpreting historical legal texts or statutes.
Example 1: If a court is interpreting a statute that was written in the 19th century, it may look to contemporary sources, such as legal treatises, dictionaries, and other legal texts from that time period, to help understand the meaning of the text. By doing so, the court can better understand the intent of the legislature at the time the statute was written and avoid applying modern interpretations or understandings that may not be consistent with the original intent.
Example 2: let’s say that a law was passed in 1920 that prohibited the sale of alcohol. If someone were to challenge the law’s meaning today, a court would likely look to the contemporaneous exposition of the law at the time it was passed. This might include looking at how the law was interpreted and enforced by law enforcement officials and the courts at the time.
Example 3: Another example might be a contract that was signed between two parties in 1990. If there is a dispute over the meaning of a particular clause in the contract, a court would likely look to how the clause was interpreted and applied by the parties at the time the contract was signed.
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