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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 Latin maxima, 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 ...
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.
The maxim is a shortened form of the fuller 18th-century formulation: qui facit per alium, est perinde ac si facit per se ipsum: "whoever acts through another acts as if he were doing it himself." Indirectly, the principle is in action or present in the duty that has been represented by the agent so the duty performed will be seen as the ...
An example is law prohibiting genocide. jus gentium: law of nations Customary law followed by all nations. Nations being at peace with one another, without having to have an actual peace treaty in force, would be an example of this concept. jus in bello: law in war Laws governing the conduct of parties in war. jus inter gentes: law between the ...
A maxim is a moral rule or principle, which can be considered dependent on one's philosophy. A maxim is often pedagogical and motivates specific actions. The Oxford Dictionary of Philosophy defines it as: Generally any simple and memorable rule or guide for living; for example, 'neither a borrower nor a lender be'.
A contradiction in conception happens when, if a maxim were to be universalized, it ceases to make coherent sense because the "maxim would necessarily destroy itself as soon as it was made a universal law." [18] For example, if maxims equivalent to 'I will break a promise when doing so secures my advantage' were universalized, no one would ...
"Delays in the law are hateful" – In diem vivere in lege sunt detestabilis – is a Latin legal maxim. [15] On the other hand, "No delay [in law] is long concerning the death of a man," is another Latin lawyer's aphorism. [15] And, "It is not to be imagined, that the King will be guilty of vexatious delays." [16]
Volenti non fit iniuria (or injuria) (Latin: "to a willing person, injury is not done") is a Roman legal maxim and common law doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party in tort or delict.