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Herbert Broom′s text of 1858 on legal maxims lists the phrase under the heading ″Rules of logic″, stating: Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself. [9] ceteris paribus: with other things the same More commonly rendered in English as "All other things being equal."
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 ...
"Everything which is not forbidden is allowed" is a legal maxim. It is the concept that any action can be taken unless there is a law against it. [1] [2] It is also known in some situations as the "general power of competence" whereby the body or person being regulated is acknowledged to have competent judgement of their scope of action.
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.
earlier in time, stronger in law “First in time, greater in right.”A maxim meaning that the law favors those who establish their rights earlier rather than later. This principle is often cited in private law to support the claims of prior creditors over later creditors. pro aris et focis: For altars and hearths
The maxim also means the parties cannot limit the court's legal cognition (that is, the authority to determine the applicable law). [ 3 ] In its most wide-reaching form, the principle of iura novit curia allows the court to base its decision on a legal theory that has not been the subject of argument by the parties. [ 4 ]
The exact phrase as used for approval of justice at all cost—usually seen in a positive sense—appears to originate in modern jurisprudence. In English law, William Watson in "Ten Quodlibetical Quotations Concerning Religion and State" (1601) wrote "You go against that general maxim in the laws, which is 'Fiat justitia et ruant coeli.
The legal phrase or legal maxim casum sentit dominus is a tenet of Roman private law and a feature of most European civil law systems. [7] It means that the owner has to carry the risk of any loss or harm that occurs accidentally to him or his property (casus). [7]