Concept in Definition ABC

The term taxative comes from the Latin, specifically from taxatum, which means assessment or limitation. In its etymological origin it also indicates that something is subject to particular circumstances. Its original meaning is present in two areas: in the right and in the cultured language.

In law

To understand the concept of taxative, one must start from a general distinction: the norms that do not They contemplate any type of pact or agreement to the contrary (which would be what is known as taxative in the roman law the expression Ius cogen) and those rules in which there is room for a interpretation and also the opposing parties can reach some type of agreement (in this case we would speak of the right of device or Ius disponunt). Thus, the exhaustive law refers to the laws or regulations that are part of the public Law, the legal field in which no type of particular agreement is contemplated, since it is about general laws and their app must be unique and without any margin for interpretation.

Taxative versus relative

Taxative or taxative is an adjective that we could consider as cult, since in ordinary language it is hardly used. In fact, there are synonymous terms that convey the same idea and are more common (for example, precise, conclusive, or exact).

Something is considered as restrictive when it is not debatable. Imagine the following situation: there is a poster that says "please, do not step on the grass" and a hundred meters away there is another sign where you can read "forbidden to step on the grass". If someone looks at the first of the posters they can think that it is a suggestion or a recommendation, but reading the second poster makes things clearer, since the message is exhaustive, that is, resounding, clear and unequivocal.

Sometimes it is said that someone acted or spoke exhaustively. These types of statements communicate that the actions or words are forceful and energetic. We must also bear in mind that exhaustive is used as the opposite of opinionable. In this way, there are statements on which we can give our own interpretation or opinion. However, ideas are sometimes communicated that are so obvious and precise that it is unreasonable to comment on them.

If I say "we must respect the laws" it is very difficult to have a contrary opinion, since it is a categorical and widely shared idea. In fact, if someone said otherwise he would be proposing that the breach of the laws, something that is opposed to what we know as common sense.

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