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In international law, the principle is known as the Lotus principle, after a collision of the S.S. Lotus in international waters. The Lotus case of 1926–1927 established the freedom of sovereign states to act as they wished, unless they chose to bind themselves by a voluntary agreement or there was an explicit restriction in international law ...
This prohibits ex post facto laws, and the retroactive application of criminal law. It is a basic maxim in mainland European legal thinking. It was written by Paul Johann Anselm Ritter von Feuerbach as part of the Bavarian Criminal Code in 1813. [7] Nulla poena sine lege scripta There is to be no penalty without written law.
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 ...
Abstraction principle (law) Acquiescence; Act of state doctrine; Actio libera in causa; Administration of justice; Agent of record; Aggregate effects doctrine; Alternative liability; Assignment of income doctrine; Assumption of risk; Assured clear distance ahead; Attractive nuisance doctrine; Attribution (law) Audi alteram partem
The criminal law of the United States is a manifold system of laws and practices that connects crimes and consequences. In comparison, civil law addresses non-criminal disputes. The system varies considerably by jurisdiction, but conforms to the US Constitution . [ 1 ]
A civil law system is a modern legal system derived from the ancient Roman legal system (as opposed to the English common law system). The maxim and its equivalents have been adopted by many countries that use a civil law system, including Brazil, [4] China, [5] France, [6] Italy, [7] [8] Philippines, [9] Poland, [10] Romania [11] and Spain. [12]
The rule of lenity is one such canon. Implicit in its provisions is the additional burden placed on the prosecution in a criminal case and the protection of individual rights against the powers of the state. It also furthers the fundamental principle of requiring notice in criminal law. Individuals should not be punished for their acts when the ...