Attorners (“attorneys”) and executive administrators (“judges”) like to quote “Legal Maxims of Law” because they like to think that, by doing so, they are showing a superior knowledge and intelligence and that only they are fit and proper “persons” to run their commercial courts; however, the law is ancient;
Maxim – LEX EST AB ETERNO. Law is from everlasting. A strong expression to denote the remote antiquity of the law. Jenk.Cent. p. 34, case (30; Branch, Princ.
And, much of it was passed down orally and much of its origins are lost in the mists of time; many maxims are found in many cultures, religions and sacred teachings;
And, maxims are 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 judge or jury must judge, in the same way that they must judge all the facts and laws before them; however, maxims are not sacrosanct; they are not unarguable; in some instances, they can even be downright wrong;
Maxim – Something which is presented as the truth but is not the whole truth, is a deception.
Maxims of Law from Bouvier’s 1856 Law Dictionary:
Definition of MAXIM. An established principle or proposition. A principle of law universally admitted, as being just and consonant. They are principles and authorities, and part of the general customs or common law of the land; and are of the same strength as acts of parliament. Maxims of the law are holden for law, and all other cases that may be applied to them shall be taken for granted. The alterations of any of the maxims of the common law are dangerous.
Coke defines a maxim to be “conclusion of reason,” and says that it is so called “quia maxima ejus dignitas et certissima auctoritas, et quod maxime omnibus probetur.” Co.Litt. 11a.
He says in another place:
“A maxime is a proposition to be of all men confessed and granted without proofe, argument, or discourse.” Id. 67a.
The maxim, ‘privilege brings responsibilities,’ can be expanded to read, exclusive privilege to render public service brings responsibility to assure that the service is available to those in need of it.” Cheatham, Availability of Legal Services: The Responsibility of the Individual Lawyer and of the Organized Bar, 12 U.C.L.A.L.Rev. 438, 443 (1965).
Maxims with the word “maxim“:
In default of the law, the maxim rules.
Positive rules of law [as distinguished from maxims or conclusions of reason] will be receded from, [given up or dispensed with,] rather than that crimes and wrongs should remain unpunished. Bac. Max. 55, reg. 12.
The maxim deals only with weight of evidence, Metropolitan Life Ins. Co. v. Wright, 190 Miss. 53, 199 So. 289, 290.
A communi observantia non est recedendum. There should be no departure from common observance or usage. Co. Litt. 186.
Black’s Law Dictionary 4th Edition:
Henry Campbell Black did an immense work in compiling his Dictionary of Law; the 4th edition is the most comprehensive with both ancient and modern definitions, maxims and codes of conduct;
Now, we know that the law has been perverted with imperialist, feudal and piracy laws, but not all laws are bad; and, with the restoral of the law-of-the-land, we the people must define for ourselves what law is and what source material to draw on;
As part of the common lore project, we are sifting through all definitions and rules to compile a Common Lore Dictionary; by doing key word searches from a PDF version, we have summarised maxims and definitions on certain words into separate text documents;
To download documents: Definitions and Maxims BL.Dict 4th Ed
This is a continual work in progress; we hope to have the first edition by 2018, sometime;
The documents will be updated once a month until complete;
The Bible is the foundation of the Western system, upon which all Western rules hang; we have summarised key maxims, laws and words from the 1611 King James Version; see: https://giftoftruth.wordpress.com/bible/