A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim. The word is apparently a variant of the Latinmaxima, but this latter word is not found in extant texts of Roman law with any denotation exactly analogous to that of a legal maxim in the Medieval or modern definition, but the treatises of many of the Roman jurists on regular definitiones and sententiae iuris are to some degree collections of maxims. Most of the Latin maxims originate from the Medieval era in European states that used Latin as their legal language.
The attitude of early English commentators towards the maximal of the law was one of unmingled adulation. In Thomas Hobbes, Doctor and Student (p.26), they are described as of the same strength and effect in the law as statutes. Francis Bacon observed in the preface to his collection of maxims: The use of maxims will be "in deciding doubt and helping soundness of judgment, but, further, in gracing argument, in correcting unprofitable subtlety, and reducing the same to a more sound and substantial sense of law, in reclaiming vulgar errors, and, generally, in the amendment in some measure of the very nature and complexion of the whole law".[1][2]
A similar note was sounded in Scotland; and it has been well observed that a glance at the pages of Morison's Dictionary of Decisions or at other early reports will show how frequently in the older Scots law questions respecting the rights, remedies and liabilities of individuals were determined by an immediate reference to legal maxims.
In later times, less value has been attached to the maxims of the law, as the development of civilization and the increasing complexity of business relations have shown the necessity of qualifying the propositions which they enunciate. But both historically and practically, they must always possess interest and value.
Lord Trayner, Latin Maxims and Phrases (2nd ed., 1876);
Stair, Institutions of the Law of Scotland, with Index by More (Edinburgh, 1832).
American treatises
John Bouvier, A Law Dictionary: Adapted to the Constitution and Laws of the United States of America and of the Several States of the American Union, Revised Sixth Edition, 1856. A long list of maxims is contained in the section for the letter "M".
A. I. Morgan, English Version of Legal Maxims (Cincinnati, 1878);
S. S. Peloubet, Legal Maxims in Law and Equity (New York, 1880).
Anonymous, Latin for without name, Chapter II, "A Collection of over one thousand Latin maxims, with English translations, explanatory notes, and cross-references", Sweet and Maxwell, 1915.
↑ "The Maxims of the Law" is combined with a tract entitled The Use of the Common Law, for preservation of our Persons, goods, and good Names in a book entitled The Elements of the Common Lawes of England.
In law, common law is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.
Euclid was an ancient Greek mathematician active as a geometer and logician. Considered the "father of geometry", he is chiefly known for the Elements treatise, which established the foundations of geometry that largely dominated the field until the early 19th century. His system, now referred to as Euclidean geometry, involved new innovations in combination with a synthesis of theories from earlier Greek mathematicians, including Eudoxus of Cnidus, Hippocrates of Chios, and Theaetetus. With Archimedes and Apollonius of Perga, Euclid is generally considered among the greatest mathematicians of antiquity, and one of the most influential in the history of mathematics.
In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. Conceptually, equity was part of the historical origins of the system of common law of England, yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity.
A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome.
A fact is a true datum about one or more aspects of a circumstance. Standard reference works are often used to check facts. Scientific facts are verified by repeatable careful observation or measurement by experiments or other means.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental and time honored of the maxims, listed on this page, are often referred to on their own as the 'maxims of equity' or 'the equitable maxims',The first equitable maxim is 'equity delights in equality' or equity is equality Like other kinds of legal maxims or principles, they were originally, and sometimes still are, expressed in Latin.
Jus commune or ius commune is Latin for "common law" in certain jurisdictions. It is often used by civil law jurists to refer to those aspects of the civil law system's invariant legal principles, sometimes called "the law of the land" in English law. While the ius commune was a secure point of reference in continental European legal systems, in England it was not a point of reference at all. The phrase "the common law of the civil law systems" means those underlying laws that create a distinct legal system and are common to all its elements.
An aphorism is a concise, terse, laconic, or memorable expression of a general truth or principle. Aphorisms are often handed down by tradition from generation to generation.
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication.
Honorificabilitudinitatibus is the dative and ablative plural of the medieval Latin word honōrificābilitūdinitās, which can be translated as "the state of being able to achieve honours". It is mentioned by the character Costard in Act V, Scene I of William Shakespeare's Love's Labour's Lost.
Quantum meruit is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services".
In personam is a Latin phrase meaning "against a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called an "in personam judgment".
Demise is an Anglo-Norman legal term for the transfer of an estate, especially by lease. It has an operative effect in a lease, implying a covenant "for quiet enjoyment."
Basil Montagu was a British jurist, barrister, writer and philanthropist. He was educated at Charterhouse and studied law at Cambridge. He was significantly involved in reforms to bankruptcy laws of Britain. He served as Accountant-General in Bankruptcy between 1835 and 1846. He was highly influenced by the writings of Francis Bacon. He was the son of John Montagu, 4th Earl of Sandwich, and his mistress, singer Martha Ray.
A treatise is a formal and systematic written discourse on some subject concerned with investigating or exposing the principles of the subject and its conclusions. A monograph is a treatise on a specialized topic.
The Close Rolls are an administrative record created in medieval England, Wales, Ireland and the Channel Islands by the royal chancery, in order to preserve a central record of all letters close issued by the chancery in the name of the Crown.
Thomas Branch, was a British author. His Principia Legis et Æquitatis was regarded as "the accumulated spirit and wisdom of ... the English law."
Charles Viner was an English jurist, known as the author of Viner's Abridgment, and the benefactor of the Vinerian chair and the Vinerian Scholarship at the University of Oxford.
Francis Bacon, 1st Viscount St Alban, KC was an English philosopher, statesman, scientist, lawyer, jurist, author, and pioneer of the scientific method. He served both as Attorney General and Lord Chancellor of England. Although his political career ended in disgrace, he remained extremely influential through his works, especially as philosophical advocate and practitioner of the scientific method during the scientific revolution.
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
