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Maxim

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

An estublished principle or proposition. A principle of law universally admitted, as being a correct statement of the law, or as agreeable to natural reason, Coke defines a maxim to be “conclusion of Teason,” and says that it is so called “gquda maxima ejus dignitas et certissima auctoritas, et guod maxime omnibus probetur.” Co. Litt. Ile. 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 maxims of the law, in Latin, French, and English, will be found distributed through this book in their proper alphabetical order, Maxime paci sunt contraria vis et injuria. The greatest enemies to peace are force and wrong, Co, Litt. ifld. Maximus crroris populus mavister. Bacon. ‘The people is the greatest muster of error. “MAY,” in the construction of publi statutes, is to be construed “must” in all cases where the legislature mean to impose a positive and absolute duty, and not merely to give a diserelionary power.

1 Pet, 46, 64; 3 Hill, 612, 615.