Argument from the SUBJECT MATTER OF THE LAW
pro subjecta materia
Lat. pro subjecta materia argument, Lat. subjectus, “adjacent, near”, materia, “subject”.
The argument from the subject matter of the law requires that the text of a law or of a regulation be interpreted not absolutely but depending on the matters concerned, that is to say, the specific material suject and purpose of the law, see legal legal arguments.
In the following case, the interpretation derived from the purpose of the law leads to the redefinition of the expression completely snow-covered area as meaning “places where the snow cover is sufficient for tracking game”, since the purpose of the law is the protection of game. The same term would be defined quite differently if its purpose were to regulate off-piste skiing, for example.
What is meant by, “area completely covered with snow”? If this condition were interpreted literally, the prohibition of hunting in the snow would hardly ever produce a result. […] The purpose of the law is to prevent the destruction of game, but this destruction is not prevented if I hunt, outside the forest, on land where I can follow the tracks of the game, even though the neighboring land is snowless.
It is of little consequence therefore if the snow melts over an area of one hundred acres of rocky or swampy ground, if I hunt on the nearby land which remains covered with snow. Is it true that, in our hypothesis, the object of the prohibition would be evaded, if we allowed a contrary interpretation? — Obviously yes. It is therefore necessary to agree with our opinion, since the word “entirely” used here cannot be applied literally. It is therefore necessary to give it only the meaning and the scope that it contains pro subjecta materia.
Thus I think that it is an offense if one is found hunting, outside the forest, on snow-covered ground, as long as one can track the game.
Renaissance Joseph Bonjean, [Code of Hunting], 1816.[1]
The subject matter corresponds to the intention of the law, which in turn is determined by reference to the intention of the legislator, here to protect the game.
If the subject is indicated by a title, the argument of the subject matter of the law and the argument of the title of the law (a rubrica) converge on the same conclusion.
The argument of the subject matter of the law is quite different from the argument to the to the matter. The former refers to the content of a particular law, the latter to the matter at issue in an argumentative situation.
[1] Renaissance Joseph Bonjean, Code de la chasse, vol. 1, Liège: Félix Oudard, 1816, pp. 68-69.