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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 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 ...
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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 ...
For example, Black's Law Dictionary previously included numerous brocards among its entries. Although the Romans did not conquer Scotland, Scots Law is a mixed legal system in which "brocards are regarded as part of the common law". [5]
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.
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...
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".