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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 ...
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'.
Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. Ex turpi causa non oritur actio: ex nunc: from now on Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its adjudication. Cf. ex ...
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 pragmatic maxim, also known as the maxim of pragmatism or the maxim of pragmaticism, is a maxim of logic formulated by Charles Sanders Peirce.Serving as a normative recommendation or a regulative principle in the normative science of logic, its function is to guide the conduct of thought toward the achievement of its purpose, advising on an optimal way of "attaining clearness of apprehension".
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 ...
Although it might be used as a logical fallacy, arguments e contrario are not by definition fallacies. In law, the use of the argumentum e contrario finds its footing in the Latin maxim: ubicumque lex voluit dixit, ubi tacuit noluit that runs as follows: If the Legislator wished to say something, he would do that expressly.