Maxim

An established principle or proposition; a principle of law universally admitted, as being just and consonant with reason. The wisdom of many, but the wit of one. Maxims in law are somewhat like axioms in geometry. 1 Bl. Comm. 68. 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, when the judges have determined what is a maxim; which belongs to the judges and not the jury. Termes de la Ley; Doctor & Stud. Dial. 1, c. 8. Maxims taken for granted. Co. Litt. 11, 67. See Plowd. 27b. The application of the maxim to the case before the court is generally the only difficulty. The true method of making the application is to ascertain hpw the maxim arose, and to consider whether the case to which it is applied is of the same character, or whether it is an exception to an apparently general rule. ♦The most important of the maxims of law will be found alphabetically arranged through this book. MAXIME ITA DICTA QUIA MAXIMA est ejus dignitas et certlssima auctoritas, atque quod maxime omnibus probetur. A maxim is so called because its dignity is chiefest, and its authority the most certain, and because universally approved by all. Co. Litt. 11.

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.

" " A proposition to be of all men confessed and granted without proof, argument, or discourse... A conclusion of reason." So called quia maxima ejus dignitas et certissima <vuctoritas, et quod maxime omnibus probetur,"^ because its value is the highest and its authority the most reliable, and because it is accepted by all persons as the very highest. The authority of the maxims which are part of the common law rests entirely upon general reception; and the only method of proving that this or that maxim is a rule of the common law is by showing that it has always been the custom to observe it. These maxims are known, and their validity determined, by the judges of the courts. ^ The principles and axioms of law, which are general propositions flowing from abstracted reason, and not accommodated to times or men, are wisely deposited in the breasts of the judges to be applied to such facts as come properly ascertained before them.^ See Law, Common. "When a principle has been so long practiced and so universally acknowledged as to become a maxim, it is obligatory as part of the law."" See Equity, p. 409. 1 L. maturus, completed as to period; ripe. ' Condict V. King, 13 N. J. E. 380 (1861). 3 United States v. Union Eaciflc E. Co., 91 U. S. 86 (1875), Davis, J. * Leigh V. Knickerbocker Life Ins. Co., 26 La. An. 438 <1874). s Wheeless v. Wi Uiams,'62 Miss. 309 (1884). 8L. maxi Tna (senfentia),.t'b.& greatest sentiment; an opinion of the greatest weight o^ authority. ' Coke, Litt. 67 o, 11 a. 81B1. Com. 68. » 3 Bl. Com. 379. See IB West. Jur. 337; Broom, and The Latin maxims in this book will be found translated and explained under the word of most importance in each maxim, with cross-references to and from corresponding English words.