ejusdem generis
English
[edit]
Etymology
[edit]From Latin ejusdem generis ("of the same kind").
Phrase
[edit]- (law) A canon of construction holding that when a general term follows a list of particular terms, the general term only applies to things similar to the particular terms. For example, in the list "sun, moon, and other large objects", the phrase "other large objects" only includes celestial bodies, not houses and elephants.
- I would submit to the court that in order to determine the legislature's intent of the final phrase we need to apply the interpretive maxim of ejusdem generis to the sentence that contains the sequence.
- 1663, Samuel Butler, Hudibras (poem), London, →OCLC, →OL, Part 1, canto 1, lines 853–858:
- Or what relation has debating \ Of church-affairs with bear-baiting? \ A just comparison still is \ Of things ejusdem generis: \ And then what genus rightly doth \ Include, and comprehend them both?
- 1984 [1891], N. J. Singer, C. D. Sands, J. G. Sutherland, Statutes and statutory construction, 4th edition (reference; hardcover), Chicago: Callaghan, revision of Statutes and Statutory Construction by Sutherland, →OCLC, §47.17:
- Ejusdem Generis: Where general words follow specific words in a statutory enumeration, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words. Where the opposite sequence is found, i.e., specific words following general ones, the doctrine is equally applicable, and restricts application of the general term to things that are similar to those enumerated.
- 2001 March 21, Anthony M Kennedy, Supreme Court of the United States, Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (United States Reports; 532)[1] (judicial opinion), Washington, DC: Supreme Court, →ISBN, Court's majority opinion, page 114:
- The wording of §1 calls for the application of the maxim ejusdem generis, the statutory canon that "[w]here general words follow specific words in a statutory enumeration, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words."