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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 ...
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."
"Delays in the law are hateful" – In diem vivere in lege sunt detestabilis – is a Latin legal maxim. [15] On the other hand, "No delay [in law] is long concerning the death of a man," is another Latin lawyer's aphorism. [15] And, "It is not to be imagined, that the King will be guilty of vexatious delays." [16]
An alternate explanation of the origin of the maxim, though not particularly relevant to the modern context, can be found in the philosophy of the Greeks and Romans. Such were cultures heavily influenced by customary legal systems. [12] Within such a system, law is learned as a person participates in the culture and customs of the community. [13]
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]
Since 1946, the laws passed by the Congress, including legal codes, have been titled Republic Acts. [b] While Philippine legal codes are, strictly speaking, also Republic Acts, they may be differentiated in that the former represents a more comprehensive effort in embodying all aspects of a general area of law into just one legislative act.
Qui facit per alium facit per se (anglicised Late Latin), [1] which means "He who acts through another does the act himself", is a fundamental legal maxim of the law of agency. [2] It is a maxim often stated in discussing the liability of employer for the act of employee in terms of vicarious liability." [3] According to this maxim, if in the ...
In his verdict, Munir declared it was necessary to go beyond the constitution to what he claimed was the Common Law, to general legal maxims, and to English historical precedent. He relied on Bracton's maxim, 'that which is otherwise not lawful is made lawful by necessity', and the Roman law maxim urged by Ivor Jennings , 'the well-being of the ...