Why No Single Glossary Can Be Authoritative

Why No Single Glossary Can Be Authoritative

Why No Single Glossary Can Be Authoritative

Glossaries help decode legal language, but no single glossary can settle meaning. In law, definitions are maps, not the territory. Terms carry layered concepts, vary by jurisdiction, and evolve under social and political pressure. Meaning turns on time, place, and context. A glossary can orient a reader; decisions still depend on facts and the rules that apply to them.

Legal terms are dense by design

Legal language compresses multiple ideas into a single label. A term often bundles elements, exceptions, and defenses. It also nests other defined words. Even when a word sounds plain, its legal effect can be specialized. That density can feel like legalese, but it reflects the need to draw lines that courts and agencies can administer.

Because a term carries several layers, changing one layer changes the whole. Alter the mental state required, and the outcome may shift. Add an explicit defense, and conduct that looked prohibited may be excused. A short definition can hide long consequences.

Consistency is not the hard part

Many core terms appear across statutes and cases with a family resemblance. That surface consistency helps, but the hard work lies in the edges. Thresholds, burdens, and standards differ in small ways that matter. The same word can mean one thing in a criminal code, another in a civil statute, and something else in tax or securities law. Contracts can adopt statutory language, then modify it with bespoke definitions.

These variations are not drafting quirks; they are choices. Legislatures tune definitions to policy aims. Agencies refine them in rules. Courts interpret them case by case. The label stays steady while the content shifts with context.

An early lesson: definitions aren’t authority

In my first Criminal Law course, tutorials required each student to present a fictional case. Wanting to distinguish myself, I volunteered to go first—one week into law school, before we had covered any theory.

I prepared what I thought was a complete analysis of a hypothetical set at the line between murder and manslaughter. Armed with Black’s Law Dictionary, I felt confident I had the right definitions and could apply them cleanly.

The tutorial made clear what I had missed: Black’s is a useful map, not the territory. The professor pressed on jurisdiction‑specific elements and defenses I had overlooked. Local statutes and case law controlled the terms, thresholds, and exceptions that mattered.

The lesson stuck. Glossaries help you start, but they cannot substitute for the rules of the place you are in.

Jurisdictional variation

There is no single lawmaker. Each jurisdiction can legislate and define independently. Federal and state systems divide authority. Provinces, cantons, or regions do the same elsewhere. Within each, courts interpret text against precedent, and administrative bodies add their own gloss. Two places can use the same word and reach different results because the sources of law differ.

Even within one jurisdiction, the source matters. A statute may define a term narrowly for one chapter and leave it open elsewhere. A court may adopt a common‑law meaning unless the legislature displaces it. A rule may borrow a definition from a related area, but limit it with purpose clauses. The result: family resemblance, not uniformity.

Example: murder in context

A neutral description of murder might be: the intentional and illegitimate taking of a person’s life. That captures the core idea, but each element varies.

Intent can range from purpose to knowledge to extreme recklessness. Some codes distinguish degrees by mental state or circumstances, such as premeditation or felony murder. Defenses narrow the field: self‑defense, necessity, and insanity all sit at the border.

The nested terms also move. Person may or may not include an unborn child, depending on statute. Life can turn on medical standards such as brain death. Intentional can sweep in actions taken with substantial certainty, not only purpose. Edge cases complicate the picture: assisted dying statutes, law enforcement use of force, or killings in the course of certain felonies. Two jurisdictions can agree on the headline and diverge on the elements that decide a case.

Meaning shifts over time

Law reflects social judgment. As science, norms, and politics change, definitions follow. Debates about when life begins illustrate how person and life can move. Advances in medicine have shifted end‑of‑life criteria. Legislatures revise codes, voters pass initiatives, and courts reinterpret older text in light of new facts. What was settled language in one decade can read differently in the next.

Change also comes from adjacent fields. Technology forces updates: think of how digital records reshaped definitions of document or signature. Economic shifts alter terms like employee, contractor, or security. Each change ripples through doctrines that rely on those words.

One jurisdiction, multiple meanings: “money” and crypto

Even within a single jurisdiction, definitions diverge by statute, agency, and purpose. In US federal law, the same underlying thing—Bitcoin or other crypto—can be treated differently depending on the rule set in play.

  • For tax, the IRS treats virtual currency as property, not foreign currency, so gains and losses follow property rules.
  • For markets, the CFTC has recognized Bitcoin as a commodity under the Commodity Exchange Act.
  • For anti‑money‑laundering, FinCEN regulates administrators and exchangers of convertible virtual currency as money services businesses; courts and enforcement actions have treated crypto as funds for money‑laundering and unlicensed money‑transmission statutes.
  • For securities, the SEC analyzes particular tokens as investment contracts under Howey when the facts fit.

The point is not that one is right and others wrong; definitions are tools tuned to policy aims. A single glossary entry cannot reconcile all uses; meaning depends on the question and the source of law.

Bottom line

Glossaries are useful guides. They provide orientation and shared vocabulary. They are not authoritative across contexts. Meaning depends on time, place, and purpose, and on how courts and agencies apply the words to particular facts. Use glossaries as maps, and remember what they cannot do: deliver a single, final meaning everywhere. For concrete matters, consult qualified counsel in the relevant jurisdiction.

Case study: comparing “murder” across jurisdictions

This brief comparison shows how a familiar label masks different legal content.

  • United States (federal): 18 U.S.C. § 1111 defines murder as the unlawful killing of a human being with malice aforethought. First degree includes willful, deliberate, premeditated killings and killings during specified felonies; other murder is second degree. Note that most murder prosecutions are under state law, which varies.
  • Canada: Criminal Code s. 229 defines murder within culpable homicide when there is intent to cause death or to cause bodily harm known to be likely to cause death, with recklessness as to whether death ensues; degrees are set in s. 231 (planned and deliberate; certain victims; and murders during enumerated predicate offences). All other murder is second degree.
  • Japan: Penal Code Art. 199 simply states: “A person who kills another is punished by the death penalty or imprisonment for life or for a definite term of not less than five years.” Related provisions address assisted suicide and attempts; an older parricide article has been repealed.

Two quick contrasts:

  • US vs Canada: Both recognize gradations, but the federal US statute centers “malice aforethought” and enumerates felony‑murder predicates in the definition of first degree; Canada’s s. 229 builds murder from culpable homicide with specific mental states, while s. 231 classifies first degree by planning/deliberation, victim status, or specified predicate offences.
  • US vs Japan: The US statute spells out mental states and degrees. Japan’s provision is terse and element‑light at the code level; degrees and mental‑state distinctions are developed through sentencing ranges and case law, not detailed statutory elements.

Context and references

  • United States: 18 U.S.C. § 1111 — Murder (Office of the Law Revision Counsel); overview at Cornell LII
  • Canada: Criminal Code (R.S.C., 1985, c. C‑46) — s. 229 (murder), s. 231 (degrees) (Justice Laws)
  • Japan: Penal Code — Article 199 (Homicide) (Japanese Law Translation)

This article is for informational purposes only and is not legal advice.