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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 maxim is a shortened form of the fuller 18th-century formulation: qui facit per alium, est perinde ac si facit per se ipsum: "whoever acts through another acts as if he were doing it himself." Indirectly, the principle is in action or present in the duty that has been represented by the agent so the duty performed will be seen as the ...
A maxim is thought to be part of an agent's thought process for every rational action, indicating in its standard form: (1) the action, or type of action; (2) the conditions under which it is to be done; and (3) the end or purpose to be achieved by the action, or the motive. The maxim of an action is often referred to as the agent's intention.
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 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".
Hard cases make bad law is an adage or legal maxim meaning that an extreme case is a poor basis for a general law that would cover a wider range of less extreme cases. In other words, a general law is better drafted for the average circumstance as this will be more common.
The general concept or principle of moral universalizability is that moral principles, maxims, norms, facts, predicates, rules, etc., are universally true; that is, if they are true as applied to some particular case (an action, person, etc.) then they are true of all other cases of this sort.
Regulæ Juris, [1] also spelled Regulae iuris (Latin for 'Rules of Law'), were legal maxims which served as jurisprudence in Roman law. [2]The term is also a generic term for general rules or principles of the interpretation of canon laws of the Catholic Church; in this context, they remain principles of law used in interpreting Catholic canon law, despite no longer having any binding forces ...