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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 ...
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
[from] a maxim, simply: I.e. "from a rule without exception." Short for a dicto simpliciter, the a is often dropped because it is confused with the English indefinite article. A dicto simpliciter occurs when an acceptable exception is ignored or eliminated. For example, the appropriateness of using opiates is contingent on suffering extreme pain.
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 ...
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.
a Roman Silver Age maxim. Also the school motto of Wellingborough School. salus populi suprema lex esto: the welfare of the people is to be the highest law: From Cicero's De Legibus, book III, part III, sub. VIII. Quoted by John Locke in his Second Treatise, On Civil Government, to describe the proper organization of government.
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 first quoted in a case [a] from 1496, where a woman against whom a defamation judgment was issued died before paying the damages and costs. [ 3 ] The Kings Bench first used the maxim in Cleymond v Vincent (1523) but it was popularised by Edward Coke , [ 4 ] with cases like Pinchons Case (1616), [ 5 ] and Bane's Case, [ 6 ] and to ...