Cuius est solum eius est usque ad coelum et ad inferos

I chose today's phrase for one reason: As someone with no background in Latin, this phrase gave me fits the first time I came across it in property law (in my defense, part of the problem was that Justice Brandeis used a different phrasing). We don't need to recap how much time I spent parsing it down to finally come up with the correct definition (let's just say that, somewhere in my property notes sits a handwritten page with each word and all its possible meanings followed by a rubric to assemble the most likely translation). Figuring it out made filled me with an undeserved sense of accomplishment. It also made me wish there was an Idiot's Guide to Law Latin.

Cuius est solum eius est usque ad coelum et ad inferos
Or, as used by Justice Brandeis: Ab orco usque ad coelum
The definition I eventually cobbled together: from the underworld all the way to heaven
Wikipedia's more precise definition: "for whomever owns the soil, it is theirs up to the sky and down to the depths."

The phrase has a long history, dating to either the Roman Empire or the English Common law system (I found references to both in my research). The phrase is mostly seen in property law, but it will also pop up in air and space law (usually as the shortened usque ad coelum). In short, it defines the extend of a property owner's rights in the land. The American legal system adopted the theory as espoused by Blackstone, giving property owners unlimited control over the space above and the earth below their land. One early American case to reference this theory was State v. David, 1 Del. Cas. 160 (1797), which declared a landowner the possessor of a barrel of fish buried on his property.

My own initial exposure to the phrase was in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922), specifically the dissent written by Justice Brandeis. The case itself dealt with the divide between surface and subsurface property rights, and, while Brandeis' dissent uses the phrase, it is secondary to an analysis of the relationship between police powers and property ownership.

The numerous technological breakthroughs of the past 100+ years have significantly curtailed the traditional American application of the doctrine. This is especially true regarding air and space law, although subsurface rights are more complex. Depending on the issue (e.g., groundwater or mineral rights), the application of the theory differs.

Bottom line? The phrase (and the likely variations) remain in use today, even if the theory itself is no longer as absolute as Blackstone claimed.

Some other variations on the phrase:
centro usque ad coelum
cujus est solum, ejus est usque ad coelum et ad inferos

Consulted sources
Jesse Dukeminier et al., Property (6th ed. 2006).
Malcolm N. Shaw, International Law (5th ed. 2003).
John G. Sprankling, Owning the Center of the Earth, 55 UCLA L. Rev. 979 (2008).

What is Latinese?

This blog is the result of attending law school with no formal background in Latin. During my first year (and even after that), I occasionally found myself searching the Internet and Latin dictionaries in an attempt to piece together phrases in order to understand cases. Black's only had the most basic information and, honestly, the Latin phrases included were usually defined by a professor in class or already ingrained due to television's fascination with lawyers.

Now, this would probably mean I support the movement to eliminate Latin from the modern American legal industry. Quite the contrary: I think Latin is an important part of not only legal history but also the modern legal world. Part of that is admittedly because I am somewhat of a snob, and stare decisis just sounds better than "we already decided that." (To that end, I think the focus needs to instead be on writing in a clear, concise manner rather than on eliminating a dead language. For a good discussion on that subject, check out Richard Wydick's Plain English for Lawyers, which practices what it preaches in being concise and to the point. For the diehard among you, I suggest Clarity or PLAIN.)

Let's get to what matters. This is a blog about Latin and the law. Each entry will give a Latin word, its definition, and some brief history or interesting fact. I may even throw in some cases. I am open to suggestions, will try to post at least once a week, and am in no way, shape, or form an expert on Latin (or the law for that matter). I will cite where I got my information from and in no way claim to be creating anything other than a central repository. My hope is to make Latin easier for future law school students whose parents also encouraged a practical approach to foreign language classes and suggested Spanish rather than "that dead language." And, no, I'm not particularly fluent in Spanish either.

Great. But what is Latinese?

The simple definition: Latin + Legalese = Latinese.

Yeah, but what's legalese?

According to the Oxford American Dictionary, legalese is a colloquial noun and the "technical language of legal documents." According to Merriam-Webster, it is "the specialized language of the legal profession." A synonym would likely be lawyerisms.

From a cynical perspective, legalese is a way for lawyers to be overly technical and write in a way that makes it extremely difficult for most non-lawyers to understand. This is good for lawyers as it means more money since their services are required for translation. From a less cynical perspective, it is a style of writing that reduces vagueness and misinterpretation by covering all possible outcomes.

For a more in-depth, fully factual treatment, check out the Wikipedia entry on legal writing. For Hollywood's perspective on it, check out the 1998 film starring Richard Garner and Mary-Louise Parker.

Latinese, in my world, is a subset of legalese. It is any Latin phrase that has become part of the legal lexicon and is usually distorted in varying degrees from its original meaning in "regular" Latin. Unlike some of legalese, however, it usually serves a purpose beyond just being complex and confusing for non-lawyers and law students alike.

And that is Latinese. Welcome and get ready for an exciting trip through legal Latin.