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What Do You Mean by Legal Maxim
What Do You Mean by Legal Maxim

What Do You Mean by Legal Maxim

Michael Polanyi, a Hungarian-British polymath who has made important theoretical contributions to physical chemistry, economics and philosophy, said maxims are important for both explicit and implicit modes of understanding. He said: « Maxims are rules whose correct application is part of the art they govern. Maxims can only work within the framework of personal (i.e. experiential) knowledge. [1] To avoid the use of long definitions, we call it in a single word or term. The same goes for a legal maxim. Take, for example, a maxim « Ab Initio » which means « from the beginning of » or « from the beginning of something, so that instead of writing from the beginning of all the time in one sentence, we can use the term ab initio, which is actually very useful when used in the practical situation. Mr. J.F.

Stephen, English lawyer, judge and writer, member of the Viceregal Council and later professor of common law at the Inns of Court. He wrote in his book History of Criminal Law in England: « It seems to me that legal maxims in general are little more than relevant chapter titles. These are minims rather than maxims, as they do not give a particularly large amount of information, but particularly small. More often than not, the exceptions and the reservations granted to them are more important than the so-called rules. [3] There are many different legal maxims that are regularly used in various court proceedings and in other areas. Thus, we see that a legal maxim is one that explains a legal principle, a statement or a concept. There are hundreds of legal maxims that are commonly used. Later, the maxims of the law were less valued, as the development of civilization and the increasing complexity of business relations showed the need to qualify the statements they make. But both historically and practically, they must always have interest and value.

Maxims are very common for legal purposes. According to Bouvier`s Law Dictionary, 1856, a maxim is defined as « An established principle or statement. A legal principle generally recognized as just and consistent with reason. »; Most Latin maxims date back to the Middle Ages in European states where Latin was the preferred language for legal purposes. Tennyson speaks of a « small horde of maxims preaching a girl`s heart (Locksley Hall), and the maxims have generally been associated with a `folkloric` or `copy-book` approach to morality. » The attitude of the early English philosophers towards the context of the use of legal maxims is excessively praised. For example, Thomas Hobbes says in his book Doctor and Student that legal maxims have the same force as those of laws and statutes. Each legal maxim is the concise form of a broad definition, and each of them comes from a different source or jurisprudence. There are many types of legal maxims. Most of them came from the ancient Latin usage of a particular word or phrase. The attitude of the early English commentators towards the maximum of the law was an attitude of admiration without mixing. In Thomas Hobbes, physician and student (S. 26) they are described as having the same force and effect in the law as the laws. Not only, according to Francis Bacon in the preface to his collection of maxims: the use of maxims « will serve to remove doubts and promote the solidity of judgment, but also to decorate arguments, to correct unprofitable subtlety and reduce it to a more solid and substantial sense of law, to recover vulgar errors and, in general, to change the nature and complexion of the whole law to some extent. » [1] [2] In literary terms, a legal maxim is a very concise expression that is more like a basic rule or principle concept.

It is often educational and often refers to certain actions. The Oxford Dictionary of Philosophy defines it as follows: « In general, any simple and memorable rule or guide to life; For example: « Neither a borrower nor a lender is. » A similar tone resounded in Scotland; and it has been well observed that a glance at the pages of Morison`s Dictionary of Decisions or other preliminary reports will show how many times in the old Scottish legal questions legal questions have been determined with regard to the rights, remedies and responsibilities of individuals by an immediate reference to legal maxims. A legal maxim is an established principle or statement of law and a kind of aphorism and general maxim. The word is apparently a variant of the Latin maxima, but the latter word is not found in the surviving texts of Roman law with a designation that corresponds exactly to that of a legal maxim in the medieval or modern definition, but the treatises of many Roman jurists on regular definitions and Sententiae iuris are to some extent collections of maxims. Most Latin maxims date back to the Middle Ages in European countries that used Latin as their legal language. So was Sir James Mackintosh, who was a Scottish jurist, Whig politician and historian. His studies and sympathies encompassed many interests. He was trained in a number of different professions such as doctor and lawyer and also worked as a journalist, judge, administrator, professor, philosopher and politician. He said, « Maxims are the condensed common sense of nations. » [2].

. This article contains the text of a publication that is now in the public domain: Renton, Alexander Wood (1911). « Maxims, Legal ». In Chisholm, Hugh (Ed.). Encyclopædia Britannica. 17 (11th ed.). Cambridge University Press. pp. 925-926. . .