Legal Maxims

[White Wolf]

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 definitiones and sententiae iuris are to some degree collections of maxims. Most of the Latin maxims originate from the Medieval era in European states that used Latin as their legal language.

The attitude of early English commentators towards the maximal of the law was one of unmingled adulation. In Thomas Hobbes, Doctor and Student (p. 26), they are described as of the same strength and effect in the law as statutes. Not only, observes Francis Bacon in the preface to his collection of maxims: The use of maxims will be "in deciding doubt and helping soundness of judgment, but, further, in gracing argument, in correcting unprofitable subtlety, and reducing the same to a more sound and substantial sense of law, in reclaiming vulgar errors, and, generally, in the amendment in some measure of the very nature and complexion of the whole law".A similar note was sounded in Scotland; and it has been well observed that a glance at the pages of Morison’s Dictionary of Decisions or at other early reports will show how frequently in the older Scots law questions respecting the rights, remedies and liabilities of individuals were determined by an immediate reference to legal maxims.

In later times, less value has been attached to the maxims of the law, as the development of civilization and the increasing complexity of business relations have shown the necessity of qualifying the propositions which they enunciate. But both historically and practically, they must always possess interest and value.

Link:
https://canadacommons.ca/topics/legal-maxims/

[White Wolf]

A COMPENDIUM OF LEGAL MAXIMS - The Legal Quorum https://thelegalquorum.com/a-compendium ... al-maxims/

Legal maxims (in a fixed Latin form), have been in use since 17th Century or earlier. Usages of Legal maxims are frequent in International Laws. Legal maxims are used to formulate a legal policy which Judges are supposed to consider while deciding a case. It is often instructive and indicating some specific actions. The term ‘Maxim’ is the Latin derivation of the term ‘Axioma’ which means the first principle. Legal maxims have become a part and parcel of every legal document which has helped to modify the legal language.

INTRODUCTION
A legal maxim is firmly set and well-established legal principles, statutory definitions, legal words, doctrines, rules and theories, ideas and proposals expressed mostly in Latin Language. The problem of interpretation of such foreign words and phrases has always been a mind-boggling exercise for all those who are concerned with law.

Needless to say that Indian Legal System has its origin in the Common Law System of England. As such, a number of English Principles of law have also been incorporated.

A number of Legislatures adopted various Legal maxims while making Legislations throughout the Globe. It is often used by Legal Professionals to avoid using extensive definitions. Most of them are compiled together in Legal Dictionaries as well.

Meaning and usages of Legal maxims serves a vital function for interpreting the legislation. These principles and doctrines aid every judicial system across the Globe in implementing current and amended laws in a reasonable manner and serve as the foundation for sound judgments.

IMPORTANT LEGAL MAXIMS AND THEIR MEANINGS ARRANGED IN LEXICOGRAPHICAL ORDER
There are many legal maxims which are commonly used. Here an attempt is made for the Compilation of Important and interesting Legal Maxims in an alphabetical order which is as follows:

A COMPENDIUM OF LEGAL MAXIMS - The Legal Quorum https://thelegalquorum.com/a-compendium ... al-maxims/