Principles of Common Law

Principles (aka “maxims”) of law are, in fact, simple statements that anyone can employ in the presentation of their case; they are nothing more than guidelines to help in conveying to a court or jury the reasons and justification for doing, or not doing, what was done, or not done, by the court, plaintiff or defendant.

They are arguments which a Jury must judge, in the same way that they must judge all the facts and common laws before them; however, maxims are not sacrosanct; they are not unarguable; in some instances, they can even be downright wrong.

Now, Maxims are creatures of statute used by the BAR legal system however, many existed long before statutory law and we have selected those we deem worthy to be adopted by common law jural assemblies and customary law councils and tribunals..

Note: when we Southern Africans say “common law” we mean the moral sentiment of a local community or self-governing kingdom, republic or state aka “law-of-the-land”, NOT English or Roman Dutch Common Law which is in fact admiralty law and law merchant aka “law-of-the-sea”; land and sea are two contra-distinct laws and jurisdictions and like oil and water the two cannot mix.

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