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POSTCOLONIAL STUDIES IN EDUCATION

Liberatory Practices
for Learning
Dismantling Social Inequality
and Individualism
with Ancient Wisdom

Edited by
Julio Cammarota
Postcolonial Studies in Education

Series Editors
Antonia Darder
Loyola Marymount University
Los Angeles, CA, USA

Anne Hickling-Hudson
Faculty of Education
Queensland University of Technology
Brisbane, Australia

Peter Mayo
Faculty of Education
University of Malta
Msida, Malta
Studies utilising the perspectives of postcolonial theory have become
established and increasingly widespread in the last few decades. This series
embraces and broadly employs the postcolonial approach. As a site of
struggle, education has constituted a key vehicle for the ‘colonization
of the mind’. The ‘post’ in postcolonialism is both temporal, in the sense
of emphasizing the processes of decolonization, and analytical in the sense
of probing and contesting the aftermath of colonialism and the imperial-
ism which succeeded it, utilising materialist and discourse analysis.
Postcolonial theory is particularly apt for exploring the implications of
educational colonialism, decolonization, experimentation, revisioning,
contradiction and ambiguity not only for the former colonies, but also for
the former colonial powers. This series views education as an important
vehicle for both the inculcation and unlearning of colonial ideologies. It
complements the diversity that exists in postcolonial studies of political
economy, literature, sociology and the interdisciplinary domain of cultural
studies. Education is here being viewed in its broadest contexts, and is not
confined to institutionalized learning. The aim of this series is to identify
and help establish new areas of educational inquiry in postcolonial studies.

More information about this series at

http://www.palgrave.com/gp/series/14536
 Julio Cammarota
Editor

Liberatory Practices
for Learning
Dismantling Social Inequality and Individualism
with Ancient Wisdom
Editor
Julio Cammarota
University of Arizona
Tucson, AZ, USA

Postcolonial Studies in Education

ISBN 978-3-030-56684-5    ISBN 978-3-030-56685-2 (eBook)
https://doi.org/10.1007/978-3-030-56685-2

© The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature
Switzerland AG 2021
This work is subject to copyright. All rights are solely and exclusively licensed by the
Publisher, whether the whole or part of the material is concerned, specifically the rights of
translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on
microfilms or in any other physical way, and transmission or information storage and retrieval,
electronic adaptation, computer software, or by similar or dissimilar methodology now
known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this
publication does not imply, even in the absence of a specific statement, that such names are
exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and information
in this book are believed to be true and accurate at the date of publication. Neither the
­publisher nor the authors or the editors give a warranty, expressed or implied, with respect to
the material contained herein or for any errors or omissions that may have been made. The
publisher remains neutral with regard to jurisdictional claims in published maps and
­institutional affiliations.

Cover illustration: © Mimi Ditchie Photography / Moment / getty images

This Palgrave Macmillan imprint is published by the registered company Springer Nature
Switzerland AG.
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
It is not wrong to go back for that which you have forgotten
—Akan Proverb
 Preface

A Beginning
I feel like I can talk to you with confianza, is that ok with you? I’d like to
tell you a story of us, of our collective. More felt, experienced, seeded,
than named. Here goes.
It started in Sacramento, California. Well, that was one beginning.
Perhaps there are others, but this one might be the clearest for our story.
There are five of us sitting around a table discussing research that is com-
munity based, has real world impact, deep participation and speaks to the
multiplicity of Latinidades we work with/come from. It’s initially part of
a convening where a group of Latinx scholars from across the United
States gathered to develop a pipeline to a teaching program for Latinx
communities. Our subgroup, made up of participatory action researchers
from California, New York, New Jersey, Florida and Arizona, was invited
to design and guide a research approach for Latinx education. We didn’t
know each other well at this point, hearing of or reading about each other,
but not having ever worked closely together before. Part of our appointed
task here was that of naming. What do we call a PAR approach that is
rooted in the global south? As we brainstormed, we decided that there
were existing frameworks that captured this, particularly…oh, hold on
reader. I just got a message. Un momento.

I can’t believe this. Mexican American studies has just been banned here. Some
of the teachers I work with tell me that people have come in to box up their books,

vii
viii PREFACE

take down their classroom posters. Physically and symbolically stripping us –

again – of our history, our knowledge, and dignity. The PAR work I do with
this high school to fight against oppressive policies like this – is done. For now. I
worry for the teachers, for the students. I feel devastated, violently uprooted.
This is such bullshit. I don’t know that I can stay in this place.

Please forgive the interruption. Where was I? Yes, we were weaving our
individual and collective PAR experiences to conjure a vision of PAR that
reflected global south sensibilities around inquiry and action whose goal is
liberation. In our brainstorming, we remembered the writing of Maria
Elena Torre (2009) (also part of this collective) who first described a PAR
that was EntreMundos. Drawing from the late Gloria Anzaldua’s (1987)
theorizing about the borderlands, PAR EntreMundos (PAR EM) con-
nected ideas of multiplicity, nos-otras and choques with a participatory
praxis. We decided then that this was the place and framing on which to
build. This framework of PAR EM, originally from the disciplinary per-
spective of psychology, women’s studies and qualitative inquiry, was
applied more specifically to a schooling and education context. We dis-
cussed it as a pedagogy that disrupts and dismantles traditional academic
binaries of researcher/researched, expert/novice, educator/organizer,
inquiry/action in order to co-create transformative spaces of education.
From this foundation, we drafted a set of guiding principles steeped in
Freirean praxis, critical race and borderland theories, South American lib-
eration psychologies and social movement histories. I should tell you why
we decided on guiding principles—we were trying to put together a usable
liberatory theory and practice for educators after all.
We have often been asked for curricula, lesson plans, essentially a for-
mula for how to do PAR. Though we acknowledged the practicalities of
teacher lives and expectations operating within school environments, we
were and still are uneasy with this type of request. But principles that
people can draw from to create their own sequence and materials, develop
curricula that is contextually fitting, feels more in tune with this type of
work. Other scholars have written PAR principles, guiding ideas that can
be used to develop projects that, though varied and grounded in localities,
adhere to a set of core values. Recognizing this, we grappled with the
questions, what are these principles for us and our communities, how can
we best communicate them, and how do these overlap with and/or differ
from existing principles? The ones about participation, action and critical
inquiry were ones in common with other conceptualizations and
 PREFACE ix

principles of PAR. What differed was… Oh wait, just got another message.
Es mi hijo. I’ll be right back.

“Espera, ven, come here real quick before you leave.” Let me hold you close for a
minute. Just another minute. I know you’re nine and just telling me you’re
going to play a pick- up game in the park, but I can’t help it, this haunting
worry. The headlines of a murdered Trayvon Martin keep flashing in my mind.
My beautiful brown boy. How I wish I can protect you from all this, let you be a
child, tell you to run and play tag with friends, that the adults, the police that
see you will watch out for you. But a child of color can’t be a child. We’ve had to
explain to you how things are, warn you not to run if you see the red and blue
lights rolling by. That if you’re in the car with your father and he’s getting
pulled over for a broken tail-light or something, you should put your hands on
your knees and stay silent and calm. Being in this hypervigilant state is part of
the deal when mothering children of color. This means I have the sometimes
warring impulses of wanting to preserve your innocence, but also instill a
social/political/critical consciousness. But you can trust this: Though the world
may not, I will always see your beautiful soul.1

Perdon, I’m back. So I was talking to you about the principles that dif-
fered from the other formulations we had seen up to that point. These
consisted of what we drew from the EntreMundos approach, specifically,
the principles around creative praxis, power within, concientization de la
colectiva and indigenous cosmologies. We wanted to consider a vocabu-
lary of lived experiences that falls outside of what is typically articulated in
academic/intellectual discourse. How do we talk about this in ways that
feel real in people’s lives, validate and make tangible what people dismis-
sively term “touchy-feely stuff.” What was clear in our discussions was that
it wasn’t just about the inquiry, the methods and procedures used to doc-
ument and challenge injustice, though that was an important part. Not
simply, as if it could ever be simple, the actions taken to make change in
school communities and beyond. We felt moved to delve into the things
that don’t often get verbalized in 10–15-minute academic presentations,
or even during actions where the product and the change message needs
to be neatly and powerfully presented. It wasn’t just the potential in the
methodology, but the affective, relational, spiritual work layered between
that can be uncomfortable to talk about with other audiences. The rich
conversations about the deeply relational process undergirding the work
was a critical component and, we felt, had to be a principle. So one mem-
ber, inspired by Starhawk, a neopagan, eco-feminist, suggested power
x PREFACE

with(in) as a guiding principle representing this relational core. We were,

perhaps, surprised to find the role of spirituality in the work a commonal-
ity, something that in other public education spaces felt risky to introduce.
Actually, before I go on, I’m afraid I have another interruption. I think
this one is going to end up lasting a bit longer.

It finally got me this morning. I’ve been ignoring it too long even though the
warning signs were there, showing themselves. Slight quick striking pain from
my lower back to my inner thigh, all the way to the ball of my foot…asking me,
telling me straight up, to slow down, to not normalize my stress. But I didn’t
listen, and I kept on moving forward as if I were invincible. Today, I am forced
to stop. The creator and all my ancestors that I embody me dijieron – YA
BASTA !!! Because I had refused to heed the messages before, the pain I felt this
morning came at me with all its fury. There is no mercy and no turning back.
I’m trying to resist this. I’m screaming and cursing at the pain that has me
without movement, without any control. My anger and frustration are blaz-
ing, but they are only agitating my body more. However, if I’m really honest
with myself, in the deepest points of my soul, I know that I am being granted a
gift, a moment in time, a crossroads, to re-evaluate my function in this world
physically and spiritually. I have to force myself to slow down and in that slow-
ing, search within me. In my flesh, under streams of water, I will offer up my
pain as an ofrenda, and allow the lessons in this to be revealed.2

* * *

I know some time has passed, but I’m back now, returning to our narra-
tive. I believe we were talking about how to incorporate spirituality into
our PAR EntreMundos principles? Yes. Thus, bolstered by Anzaldua’s
notion of spiritual activism, we decided it also needed to be included as a
principle. But there was some hesitancy, a bit of reluctance initially in
using the term. It often evokes or provokes religious-based definitions,
which could alienate those who do not identify as being spiritual, or those
who do but find this more fluid notion of spirituality in opposition or
threat to their own formulations. Also, as this was intended initially to
guide K-12 educators who wished to undertake this project in their
schools, we worried that the term would evoke concerns about church and
state. Indigenous cosmologies, as most of us identified with or expressed
an affinity toward more earth-based spiritualities, then became the agreed
upon terminology.
 PREFACE xi

Finally, with concientization de la colectiva, we wanted to recognize the

movement making potential of this work. Not individual projects, but
how do we bring these learnings and actions situated locally across differ-
ent contexts to forge wider knowledge making and action taking spaces.
That connecting our struggles and resistance strategies is move-
ment making.

11 a.m. My Time or Your Time?

From these initial in-person meetings within larger convenings, we, over
time became a collective. I guess you can say we traversed time and space
to accomplish this, embracing a geographic and temporal multiplicity. Let
me tell you that setting up these meetings was our first journey and we
were grateful that our Pacific-time colleagues were willing to engage in
these phone calls at 7 a.m. Our conversations were prefaced with “my time
or yours?” We set a schedule of work together and began regular phone
conferences to refine our ideas and create a written product. We spoke
together and started writing together, using collaborative writing tools to
share pieces of writing, and later talk them through… Oops, otra vez.
Another message.

Gente, I’m reluctant to admit this, but I’m feeling really…maybe anxious is
the word. There’s so much going on. I’ve been getting texts all night from our
students who want to know what’s going to happen to them in light of the elec-
tion. I mean, things have been bad, but this is so much scarier somehow. What
are we going to do in response, in protection? How can we create sanctuary
spaces? Students skipped class to come together to share their despair, anger, and
hope – in community. Fellow students, alumni, faculty and friends were consol-
ing, encouraging, holding each other to gain strength for the fight to come. I’m
afraid for them, and for my own familia in these times. Too, my homespace is
going through a time of uncertainty and turmoil. I worry I can’t be enough
and…well…I need help with this.

Alright, so again apologies, let me get back to what I was telling you.
Actually no, I need a minute. Deep breath. Ok now. Throughout our
time together and now, life felt like interruptions to some of our other
projects in academia. This writing deadline coming up, this phone call I
can’t make. But you know, these aren’t interruptions. (So I take back my
apologies). These are life events that affected/affect us throughout the
xii PREFACE

process. This is vida, this is death, this is fuel; it’s a cushion, an abismo and
a ladder; it’s corporality and conflagration. Things are not fine. What
needs interruption is the “let’s just keep going like nothing’s happening.”
It’s too much, too big, and people can feel so alone. The collective is this
too, not just our intellectual energies, but our life ones. This is the work
we are called to do, and we are situated within it, not just acting outside it.
We write our pain, survivance, vulnerability and privilege in threads of
analysis. We pieced together a monograph, then a book based on this work
over time, titled PAR EntreMundos: A pedagogy of the Americas. In
between collecting chapters and ideas, we spoke about our lives and it was
poured into the writing, though not always explicitly. We dreamed
together and created this space between/within us. We brought our posi-
tionalities as Latinx from our particular regional, ancestral, gendered con-
texts. The tenure hustle in the academy or consulting gigs outside it. The
struggles and successes—all occupied the space we inhabited individually
and collectively.
We went beyond/outside what was initially asked of us to keep creat-
ing. We birthed it together, what became the book, then considered what
we could do next. A course was taught where we video-conferenced in,
based on these ideas. We co-presented at conferences, and provided
teacher training workshops for secondary educators. Engaging in this
thinking and writing work collectively meant we spent years together. As
such, we also grew together, shifting and expanding on languages,
approaches. When we first started, even the terminology we used was dif-
ferent: starting with Latino/a, then Latin@ to now Latinx. And this will
continue to change as we keep learning, writing and thinking together.
This is the part that can be concientization de la colectiva, because we
bring together the knowledges from our localities for larger understand-
ings. The process and product of our collective work also inspired Julio to
bring to the group the idea of birthing another text, proposing Liberatory
Practices of Learning—what you are reading right now.

A Conclusion
We’re back now to conclude our story. Though that suggests a discrete,
finite ending and I can’t really say it’s that. Here we are after all. But if I
were to attempt a conclusion, it would go something like this, our work
together. Knowledge is built this way. Action is processed asi. En momen-
tos, in conversations, in tears, in prayers, in protest, in calls for strength to
 PREFACE xiii

our ancestors. In the inspiration of youth and wisdom of the elders. This
is a co-construction of knowledge that has often been suppressed or
denied. Writing and theorizing from these joys and vulnerabilities in our
own voices is a work of resistance (Moraga and Anzaldúa 1981), though
often, in academic spaces writing and producing knowledge can be an
isolated/isolating process. In fact, academia is structured in a way that
privileges the individualistic, with hierarchies that seat single authors at the
top of knowledge production chains. Collectivity counts less in the cur-
rency of academia. But writing collectives go against these individualistic
notions, and recognize the many voices that speak in particular pieces. In
this way, we attempt to practice centering work from a relational position,
rather than simply, or only, an individual one. The seed of these ideas and
practices are developed in the chapters of Liberatory Practices. This book
goes deeper into collective learning/working processes and explains how
collaboration in education has the potential to lead to more equitable
outcomes. Liberatory Practices also adopts a more expansive frame that is
inclusive of learnings and wisdoms of other minoritized communities in
the U.S., not only Latinx.
We’d like to share our gratitude for this confianza, gracias for listening
to the story of our beginnings. We invite you to join us, in community, to
walk through the gardens of our learning labor in the pages to come.

Jennifer Ayala
 Melissa Rivera
 Margarita Berta-Ávila

Notes
1. This vignette is excerpted from El Espiritu of Justice: Exploring embodied
spiritual activisms through visual and textual storytelling (forthcoming).
2. This vignette is excerpted from El Espiritu of Justice: Exploring embodied
spiritual activisms through visual and textual storytelling (forthcoming).

Reference
Moraga, Cherríe, and Gloria E. Anzaldúa. 1981. This Bridge Called My Back:
Writings by Radical Women of Color. 1st ed. Watertown: Persephone Press.
 Acknowledgments

We acknowledge our ancestors who were born from struggle and thrived
to bring us their wisdom. We acknowledge our communities who collec-
tively stand together for justice and liberation. We acknowledge all our
family and friends who give us reason to strive for something better, some-
thing more humane. Finally, we acknowledge ourselves who learn and
grow to fill our hearts with love.

xv
 Contents

1 Introduction: We Already Know  1

Julio Cammarota

2 Living Praxes and Principles in PAR EntreMundos 19

Margarita Berta-Ávila, Melissa Rivera, Jennifer Ayala,
and Julio Cammarota

3 Spill the Tea 47

Jihee Yoon, Leilani Gomez, Julliette Gonzales, Ricardo
Martinez, Karla Torres, Vijay Williams, Malika Davis,
and Julio Cammarota

4 Mathematics with Open Arms 69

Ricardo Martinez, Heather Lindfros-Navarro,
and Melissa Adams Corral

5 I Am Because We Are 93

Alade S. McKen

xvii
xviii Contents

6 Reclaiming Our Excellence111

Louie F. Rodriguez and Arturo Nevárez

7 Conclusion: Dreaming Between Worlds139

Julio Cammarota, Jennifer Ayala, Melissa Rivera,
and Margarita Berta-Ávila

Index153
 Notes on Contributors

Melissa Adams Corral is a doctoral candidate in STEM Education at

The Ohio State University. Her research focuses on elaborating methods
for working alongside elementary mathematics teachers in their class-
rooms to engage in critical race praxis and fundamentally change the day-­
to-­day experiences of students of color in public schools.
Jennifer Ayala is a professor in the School of Education at Saint Peter’s
University in Jersey City, NJ, and director of the university’s Center for
Undocumented Students. She has worked on participatory action research
projects with high school and college youth. She is interested in the inter-
sections between PAR and borderlands scholarship, and in working with/
supporting undocumented students navigating higher education.
Margarita Berta-Ávila is Professor of Education at Sacramento State
University. Berta-Ávila pursues scholarly work in the areas of participatory
action research, critical pedagogy, anti-racism/social justice education,
and Chicana/o/x educators in the field. She is active in testifying at the
state’s capitol, organizing on campus and in the community around equity
and justice in education for Ethnic Studies, bilingual education, students
of color, undocumented students, and/or other marginalized
communities.
Julio Cammarota is Professor of Education at the University of Arizona.
His research focuses on participatory action research with Latinx youth,
institutional factors in academic achievement, and liberatory pedagogy.
He has published articles on family, work, and education among Latinxs

xix
xx NOTES ON CONTRIBUTORS

and on the relationship between culture and academic achievement.

Cammarota’s work has been instrumental with advancing social jus-
tice in education and youth development.
Malika Davis is a transgender woman of color attending a high school in
central Iowa. She has and continues to participate in YPAR as a form of
activism and healing. She intends on becoming an attorney and continue
to advocate for marginalized groups.
Leilani Gomez is a high school graduate who has been involved in Young
Aspiring Americans for Social and Political Activism (YAASPA) since her
sophomore year. Through YAASPA, she has been able to partake in many
projects that have given her the opportunity to learn from and inform oth-
ers on the inequities faced in her community. She hopes to continue to
bring awareness to some of these inequitable systems by becoming a
teacher and breaking down some of the barriers she has experienced as
a youth.
Julliette Gonzales is a recent high school graduate who has been a part
of YAASPA since her sophomore year. Her involvement includes bringing
awareness to oppressive environments and systems. Through YAASPA she
has had an internship teaching a civic engagement class for youth. She
hopes to further her higher education and major in history and political
science to continue teaching youth.
Heather Lindfros-Navarro is a doctoral student in Mathematics
Education at the University of Missouri. As a teacher-researcher, her
research focuses on understanding children’s mathematical thinking
through the lens of culture, place and lived experiences in order to impact
and enrich communities.
Ricardo Martinez is Assistant Professor of K-8 Mathematics Education
in the Department of Teaching, Learning and Teacher Education at the
University of Nebraska-Lincoln. His research focuses on the onto-
logical nature of mathematical learning in exploring how mathemat-
ics transforms and is transformed by each person towards
interconnectedness of all living creatures.
Alade S. McKen is a seasoned professional and a dynamic leader within
the field of higher education. McKen holds his B.A. in English and Creative
Writing from Binghamton University, and his M.S. Ed. in Higher
Education Administration from Baruch College, School of Public
 NOTES ON CONTRIBUTORS xxi

Affairs and has worked in higher education for over 15 years. McKen
is an adjunct professor in the Department of Social Work and Assistant
Director of the Urban Male Leadership Program and CREAR
Furturos Mentorship Program at Lehman College.
Arturo Nevárez is a PhD candidate in the Graduate School of Education
at the University of California Riverside. He is a former middle school and
high school English teacher and like many of his current and former
students, a proud first-generation college graduate. Nevárez’s disser-
tation focuses on the critical racial literacies of Latinx/Chicanx youth
and their teachers in secondary Ethnic Studies classrooms.
Melissa Rivera is a faculty member in the School of Education at Capella
University and co-editor of PAR EntreMundos: A pedagogy of the
Americas and Latino Education: An agenda for community action research.
Her participatory action research scholarship is grounded in critical/femi-
nist theories, developmental and somatic psychology, and ancient wisdom
traditions and focused on personal transformation, collective develop-
ment, and social justice.
Louie F. Rodriguez is the interim dean and a professor in the Graduate
School of Education at the University of California Riverside. He is the
author of four books including, PAR Entremundos: A Pedagogy of the
Americas (2018) and Intentional Excellence: The Pedagogy, Power, and
Politics of Excellence in Latina/o Schools and Communities (2015).
Karla Torres is a high school senior who has been involved in YPAR
since middle school. She is a digital artist and writer. She aspires to become
a kindergarten teacher or a full-time artist in the future.
Vijay Williams is a high school senior who has been engaged in YPAR
since middle school. He is a director, writer, animator, and star of a multi-
tude of YouTube shorts as well as a writer and artist of comic books. He
aspires to be a film and television director, writer, and actor in
the future.
Jihee Yoon is a doctoral student in the Department of Teaching, Learning
and Sociocultural Studies at the University of Arizona. Her research
focuses on challenging oppressive structures inherent to academia
through the centering of youth voices and knowledge through Youth
Participatory Action Research and Ethnic Studies pedagogy.
 List of Figures

Fig. 2.1 Image of community altar 34

Fig. 2.2 Image of educational journeys and problem trees created by
teachers37
Fig. 2.3 Image of the Sacramento River 40
Fig. 6.1 Toward a framework for Latina/o/x Hemispheric Excellence
along the educational pipeline 130

xxiii
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In æquali jure melior est conditio possidentis.
In equality of right, the condition of the person in
possession, is the better.

In alternativis electio est debitoris.

In alternatives, the power of election belongs to the
debtor.

In brevi aut charta generalia præsedunt specialia.

General things precede special, in a brief or writing.

In ambiguis casibus semper præsumitur pro rege.

In ambiguous cases, the presumption is always in
favour of the king.

In ambiguis orationibus maxime sententia spectanda est ejus, qui

eas protulisset.
In ambiguous speeches, the opinion of him is chiefly to
be considered who had uttered them.

In ambiguis pro dotibus respondere melius est.

In doubtful cases, it is better to answer for
endowments.

In atrocioribus delictis punitur affectus licet non sequatur effectus.

In the more atrocious transactions, the inclination is
punished, though the effect does not follow.
In capitalibus minor est pœna cogitationis manifestæ quam conatus
ex actu directo; et minor conatus quam patrati facinoris, ut sit
pœnitentiæ locus. Sed in proditione in terrorem aliter statutum est.
In capital cases, the punishment of an evident intention
is less, than an attempt by a direct act; and the
punishment of the attempt is less, than that of the deed
perpetrated, that there may be room for repentance:
but in treason, it is determined otherwise, for terror.

In capitalibus quid, quomodo, quando, ubi, a quo factum, cum

circumstantiis solemnibus, debent exponi.
In capital cases, the what, in what manner, and when,
where, and by whom done, with the particular
circumstances, ought to be explained.

In capitalibus sufficit generalis malitia cum facto paris gradus.

In capital cases, general malice, with a fact of an equal
degree of guilt, is sufficient.

In casu extremæ necessitatis omnia sunt communia.

In a case of extreme necessity, all things are common.

In civilibus ministerium excusat, in criminalibus non item.

In civil cases, the situation of a servant excuses, but
not so in criminal cases.

In civilibus proxima et directa præstare quis tenetur; in criminalibus

etiam consequentia.
In civil cases, one is bound to perform the nearest and
direct things; but in criminal cases, even consequent
things.
In civilibus voluntas pro facto reputabitur.
In civil cases, the will shall be considered for the deed.

In conjunctivis oportet utramque partem esse veram.

In co-partnerships, it is necessary that each party be
true.

In consimili casu, consimile debet esse remedium.

In a similar case there ought to be a similar remedy.

In consuetudinibus non diuturnitas temporis sed soliditas rationis est

consideranda.
In customs, not continuance of time, but solidity of
reason, is to be considered.

In contractibus, benigna; in testamentis benignior; in restitutionibus,

benignissima interpretatio facienda est.
In contracts, an interpretation must be made
favourable; in testaments more favourable; in
restitutions most favourable of all.

In contrahenda venditione ambiguum pactum contra venditorem

interpretandum est.
In contracting a sale, a doubtful bargain is to be
interpreted against the seller.

In criminalibus probationes debent esse luce clariores.

 In criminal cases, proofs ought to be clearer than the
sun.

In criminalibus voluntas pro facto non reputabitur.

In criminal cases, the will must not be considered as
the deed.

In disjunctivis sufficit alteram partem esse veram.

In dissolution of partnerships, it is sufficient that one
party be true.

In dubiis magis dignum est accipiendum.

In doubtful cases, the more worthy is to be taken.

In dubiis non præsumitur pro testamento.

In doubtful cases, there is no presumption for a will.

In eo quod plus sit, semper inest et minus.

In that where there is more, there is less also included.

In eo quod vel is, qui petit, vel is, a quo petitur lucri factus est, durior
causa est petitoris.
In that which either he who seeks, or he from whom it
is sought, for the sake of gain, the cause of the
applicant is harder.

In favorabilibus, magis attenditur quod prodest quam quod nocet.

In favourable cases, we rather attend to what does
good, than to what does hurt.
In favorem vitæ, libertatis et innocentiæ, omnia præsumuntur.
In favour of life, liberty, and innocence, all things are
presumed.

In fictione juris semper subsistit æquitas.

Equity always subsists on the supposition of right.

In hæredes non solent transire actiones quæ pœnales ex maleficio

sunt.
Heirs are not liable to actions which are penal from
injury.

In his quæ de jure communi omnibus concedentur, consuetudo

alicujus patriæ vel loci est alleganda.
In those things which are conceded to all by common
right, the custom of any country or place is to be
alleged. [See Transcriber’s Note.]

In judicio non creditur nisi juratis.

In a trial, none are believed but those who are sworn.

In jure non remota causa, sed proxima spectatur.

On a trial, not the remote cause, but the nearest is
regarded.

In lege omnia semper in præsenti stare censentur.

In law, all things are always judged to stand in their
present state.
In maxima potentia minima licentia.
In the greatest power there is the least liberty.

In negotiis contrahendis alia causa habita est furiosorum, alia eorum

qui fari possunt, quamvis actum rei intelligerent; nam furiosus nullum
negotium contrahere potest; pupillus omnia, tutore, auctore, agere
potest.
In contracting business, the cause of madmen is to be
considered one thing, and the cause of those who can
speak another, in so far as they understand the
transaction of a matter; for a madman can contract no
business; a pupil can do all things with the authority of
his guardian.

In novo casu novum remedium apponendum est.

In an extraordinary case, an extraordinary remedy
must be applied.

In obscuris, inspici solere quod verisimile esset, aut quod plerumque

fieri solet.
In obscure cases, what is probable is wont to be
looked to; or what for the most part is used to be done.

In odium spoliatoris omnia præsumuntur.

All things are presumed in hatred of a defrauder.

In omnibus causis pro facto accipitur id, in quo per alium moræ sit,
quo minus fiat.
In all causes, that is taken for a fact, in which by
means of another there may be a hinderance to
 prevent its being done.

In omnibus fere minori ætati succurritur.

In all cases aid is given to minors.

In omnibus obligationibus, in quibus dies non ponitur, præsenti die

debitur.
In all obligations in which a day is not fixed, it is due on
the present day.

In omnibus quidem, maxime tamen in jure, æquitas spectanda est.

In all things indeed, chiefly however in law, equity is to
be regarded.

In pari causa possessor potior haberi debet.

In an equal cause a possessor ought to be reckoned
preferable.

In pari delicto potior est conditio defendentis.

In an equal delict the state of the defender is better.

In præsentia majoris cessat potentia minoris.

In the presence of the greater, the power of the lesser
ceases.

In pœnalibus causis benignius interpretandum est.

In penal causes we ought to interpret more mercifully.
In re dubia magis inficiatio quam affirmatio intelligenda.
In a doubtful affair denial rather than affirmation is to
be understood.

In re obscura melius est favere repetitioni quam adventitio lucro.

In an obscure case it is better to favour repetition than
adventitious gain.

In rebus manifestis errat qui authoritates legum allegat: quia

perspicua vera non sunt probanda.
In evident things he errs who alleges the authorities of
the laws, because self-evident truths are not to be
proved.

In rebus novis constituendis evidens esse utilites debet, ut recedatur

ab eo jure, quod diu æquum visum est.
In settling new matters, the utility of doing so ought to
be evident, so that we may depart from that law which
long seemed just.

In rebus, quæ sunt favorabilia animæ, quam vis sunt damnosa

rebus, fiat aliquando extensio statuti.
In things which are favourable for life, although they be
hurtful to property, sometimes there may be an
extension of the statute.

In republica maxime sunt conservanda jura belli.

In a state, the laws of war are by all means to be
observed.
In restitutionem non in pœnam hæres succedit.
An heir succeeds to restitution not to punishment.

In rex non potest conjunctim tenere cum alio.

A king cannot hold conjunctly with another.

In satisfactionibus non permittitur amplius fiere quam semel factum

est.
In satisfaction, it is not allowed, that more should be
done than what has once been done.

In testamentis plenius voluntates testantium interpretantur.

In testaments the intention of the testators are most
fully interpreted.

In testamentis ratio tacita non debet considerari.

In testaments a silent reason ought not to be
considered.

In toto jure generi per speciem derogatur, et illud potissimum

habetur, quoad ad speciem directum est.
In the whole of law, species takes from genus, and that
is considered a chief point, which has a reference to
species.

In verbis non verba sed res et ratio quærenda est.

In words, not the words themselves, but matter and
reason are to be sought.
Incerta pro nullis habentur.
Uncertainties are accounted nullities.

Incertum ex incerto pendens lege reprobatur.

An uncertainty depending upon an uncertainty, is
reprobated in law.

Incidentia nolunt separari.

Incidents may not be separated.

Incidentia rei tacite sequuntur.

The incidents of a thing follow it, as a matter of course.

Incivile est, nisi tota lege perspecta, una aliqua particula ejus
proposita, judicare vel respondere.
To judge and answer is uncivil, if the whole law is not
attended to, any one clause of it being merely
proposed.

Incivile est nisi tota sententia perspecta de aliqua parte judicare.

It is uncivil to judge of any part, unless the whole of a
sentence be attended to.

Inclusio unius est exclusio alterius.

The inclusion of one, is the exclusion of the other.

Infans est qui propter defectum ætatis pro se fari nequeat.

 He is a child who on account of defect of age, cannot
speak for himself.

Infantes de damno præstare tenentur, de pœna non item.

Children are obliged to performance concerning a loss,
but not in like manner concerning punishment.

Infinitum in jure reprobatur.

What is unbounded, is reprobated in law.

Iniquum est alios permittere alios inhibere mercaturam.

It is unjust to allow some to merchandize, and to
prohibit others.

Iniquum est aliquem rei sui esse judicem. In propria causa nemo
judex.
It is unjust that any one be a judge of his own affair. No
body is a judge in his own cause.

Injuria non præsumitur.

Injury is not anticipated.

Injuria propria non cadet in beneficium facientis.

An injury done to ones-self, will not fall to the benefit of
the doer.

Injuria servi dominium pertingit.

The master is liable for the damage done by his
servant.
Innuendo non facit verba per se actioni obnoxia si aliter non essent.
An inuendo does not make words, of themselves
obnoxious, liable to an action, if they were not so
otherwise.

Intentio legitime cognita, et legibus consentanea, maxime habenda.

An intention legitimately known and agreeable to the
laws, is to be regarded in an especial manner.

Intentio mea imponit nomen operi meo.

My intention gives a name to my work.

Inter arma silent leges.

The laws are silent amidst arms.

Interest reipublicæ ut judicia debitæ executioni mandentur.

It concerns the state that decisions be duly executed.

Interest reipublicæ ne maleficia remaneant impunita.

It concerns the state that injuries do not remain
unpunished.

Interest reipublicæ res judicatas non rescindere.

It concerns the state not to rescind matters that have
been judged.

Interest reipublicæ ut sit finis litium.

 It concerns the state, that there be an end to law suits.

Interest reipublicæ ut carceres sint in tuto.

It concerns the state that prisons be secure.

Interest reipublicæ ut quilibet re sua bene utatur.

It concerns the state, that every one make good use of
his own property.

Interest reipublicæ ut bonis bene sit, et male malis, et suum cuique.

It concerns the state that it may be well with the good,
ill with the wicked, and that every one may have his
own.

Interpretare et concordare leges legibus est optimus interpretandi

modus.
To interpret and make the laws agree with laws, is the
best way of interpreting them.

Interpretatio fienda est ut res magis valeat quam pereat.

Such an interpretation ought to be made, as that a
thing may either rather prosper than perish.

Invito beneficium non datur.

A favour is not bestowed on one unwilling to receive it.

Invitat culpam qui peccatum præterit.

He encourages a fault, who passes over a
transgression.
Invitus nemo rem cogitur defendere.
Nobody is compelled, when unwilling, to defend his
property.

Ira hominis non implet justitium Dei.

The wrath of a man does not fulfil the justice of God.

Is damnum dat qui jubet dare, ejus vero nulla culpa est cui parere
necesse est.
He occasions a loss, who gives orders to cause it; but
no blame belongs to him who is under the necessity of
obeying.

Is, qui actionem habet ad rem recuperandam, ipsam rem habere

videtur.
He seems to have the property itself, who hath an
action to recover it.

Ita tuo utere ut alienum ne lædas.

Make such use of your own property, that you do not
hurt another man’s.
 J.
Judex ante oculos æquitatem semper habere debet.
A judge ought always to have equity before his eyes.

Judex æquitatem semper spectare debet.

A judge ought always to regard equity.

Judex bonus nihil ex arbitrio suo faciat, nec propositio domesticiæ

voluntatis, sed juxta leges et jura pronunciet.
A good judge ought to do nothing of his own pleasure,
nor may he have in view the gratification of his private
inclination, but let him pronounce according to law and
justice.

Judex damnatur, cum nocens absolvitur.

The judge is condemned, when the guilty is acquitted.

Judex habere debet duos sales, salem sapientiæ, ne sit insipidus, et

salem conscientiæ, ne sit diabolus.
A judge ought to have two kinds of salts—the salt of
wisdom, that he may not be insipid; and the salt of
conscience, that he may not be a devil.

Judex non potest esse testis in propria causa.

A judge cannot be a witness in his own cause.
Judex non potest injuriam sibi datam punire.
A judge cannot punish an injury done to himself.

Judex non reddit plus quam quod petens ipse requirit.

A judge does not give more than the petitioner himself
requires.

Judicandum est legibus, non exemplis.

We must judge by the law, and not by examples.

Judices non tenentur exprimere causam sententiæ suæ.

Judges are not bound to express the cause of their
opinions.

Judices recenter et subtiliter excogitatis minime favent contra

communem legem.
Judges are by no means favourable to things raised
recently and subtilely against the common law.

Judicia posteriora sunt in lege fortiora.

The last decisions are stronger in law.

Judicia sunt tanquam jurisdicta.

Decisions are as it were jurisdictions.

Judicia sunt tanquam jurisdicta, et pro veritate accipiuntur.

Decisions are as it were jurisdictions, and are accepted
as truth.
Judicis est jus dicere, non dare.
It is the property of a judge to administer justice, not to
give it.

Judicis est judicare secundum allegata et probata.

It becomes a judge to decide according to things
alleged and proved.

Judicis officium est opus diei in die suo perficere.

It is the duty of a judge to accomplish his work from
day to day.

Judiciis posterioribus fides est adhibenda.

Credit is to be given to the latter decisions.

Judicium duodecim proborum et legalium hominum veritatis dictum

esse per communem Angliæ legem censetur.
The decision of twelve good and unexceptionable men,
is thought by the common law of England, to be the
dictate of truth.

Judicium est iis quæ pro religione faciant faveri etsi verba desint.
It is a decision to favour those things which make for
religion, although words be wanting.

Judicium non debet esse illusorium.

A decision ought not to be illusory.
Judicium redditur in invitos.
A decision is given against the unwilling.

Judicium semper pro veritate accipitur.

A decision is always received as truth.

Jura debet esse omni exceptione major.

It is proper that laws be greater than any exception.

Jura ecclesiastica sunt limitata.

Ecclesiastical laws are limited.

Jura eodem modo destituuntur quo constituuntur.

Laws are annulled in the same way they were enacted.

Jura naturæ sunt immutabilia.

The laws of nature are immutable.

Jura non in singulas personas sed generaliter constituuntur.

The laws are established not for individuals, but for the
general good.

Jura publica anteferenda privatis.

Public rights are to be preferred to private.

Jura publica ex privato promiscue decidi non debent.

 Public rights ought not to be decided promiscuously,
according to a private right.

Jura sanguinis nullo jure civili dirimi possunt.

The rights of blood can be dissolved by no civil right.

Juratores sunt judices facti.

Jurors are judges of the fact.

Juramentum est indivisibile, et non est admittendum in parte verum

et in parte falsum.
An oath is indivisible, and is not to be admitted partly
true and partly false.

Jure naturæ æquum est, neminem cum alterius detrimento et injuria

fieri locupletiorem.
It is just by the law of nature, that no one become more
rich by the detriment and injury of another.

Juri non est consonum ut aliquis accessorius convincatur, antequam

aliquis de facto fuerit attinctus.
It is not consonant to law, that any accessory be
convicted before any one hath been found guilty of the
fact.

Jus accrescendi inter mercatores locum non habet.

The right of accrescing has no place among
merchants.
Jus accrescendi præfertur oneribus.
The right of accrescing is preferable to burdens.

Jus est ars boni et æqui.

Law is the art of what is good and just.

Jus naturale est quod apud omnes homines eandem habet

potentiam.
Natural law is that which hath the same power among
all men.

Jus publicum privatorum pactis mutare non potest.

The public law cannot be changed, by the agreements
of private persons.

Jus respicit æquitatem.

Law regards equity.

Jus sanguinis, quod in legitimis successoribus spectatur ipso

nativitatis tempore quæstium est.
The right of blood, which is considered in legitimate
succession, is sought for at the very time of birth.

Jus superveniens authori accrescens successori.

A privilege falling unexpectedly upon an author, or
inventor, is an addition to his successor.

Jusjurandum inter alios factum nec nocere nec prodesse debet.