DEVANSH CHAUHAN
HIMACHAL PRADESH NATIONAL LAW UNIVERSITY
INTRODUCTION
A legal maxim is a concise expression of a traditional legal principle that has been established over time. It is a statement that is widely accepted and used in legal arguments and decisions. These maxims are usually stated in the Latin language. The term Maxim is the Latin derivation of 'axioma' which means the first principle, for instance, geometry. Axioms being first principles self-evident in nature, all the subsidiary prepositions could be deduced from them but they themselves were underived. They held their own authority, so, a legal maxim would be a self-evident first principle without any contradiction. Maxims are used on a regular basis in the legal domain due to their precise and accurate meaning especially by the judges in order to ensure a tactile base in the judgements.
Maxims and legal terms do not have the dogmatic authority of statutes neither they are considered as law except to their application in the adjudicated matters to a certain extent and in some cases are incorporated by the legislature while framing laws. Francis Bacon, an English philosopher, observed that the use of maxims will be " in deciding doubt and helping soundness of judgement, but, further, in gracing argument, in correcting unprofitable subtlelty, and reducing the same to a more sound and substantial sense of law, in reclaiming vulgar errors, and, generally, in the amendment in some measure of the very nature and complexion of the whole law ".
HISTORY AND ORIGINS OF LEGAL MAXIMS
Origins of most of the Latin maxims can be traced in the European states of medieval era that used Latin as their legal language. Some of them can be traced to the early Roman Law. These maxims have been used by lawyers since the 17th century or earlier.In the ancient times, legal maxims were not illustrative nor decorative sayings nor "clinchers" added at the end of a legal argument. They were the guiding principles of legal arguments. They were referred to collectively as "regula". The word meant a ruler, a measuring device, a
blueprint, a gold standard, to which more particular things could be compared to see if they
passed muster. With the expansion of commerce and industry in the 16th and 17th centuries, English courts
were called upon to decide many novel cases for which the rules of medieval common law provided little or no guidance, and judges felt the need for broad, authoritative principles to support their decision. The English lawyer and philosopher Francis Bacon (1521-1626) composed 'Maxims of the Law' a collection of maxims of the common law in Latin with an elaborate English commentary on each; and the writings of the English jurist Sir Edward Coke (1552-1634) were replete with similar Latin aphorisms, some borrowed from Roman law, others invented. Such collections of maxims, usually followed by explanatory comments and references to illustrative cases, continued to appear during the next three centuries in England and the United States. With the accumulation of statutes, precedents, and voluminous textbooks, however, the maxims steadily declined in importance. Eventually, they were criticized by judges for what had once been considered their most valuable characteristic: their generality and vagueness. Although some of the ideas embodied in them retain considerable influence, the maxims themselves are now less often referred to.
SIGNIFICANCE OF LEGAL MAXIMS
Legal maxims have become a part and parcel of daily lives of legal professionals. The influence of these maxims has not only touched lawyers and law students but also common folks. Legal maxims are scattered in most legal documents right from the satute to books or journals related to law. Legal maxims have modified the language, it is used to avoid the usage of long definitions. We use it as a single word for return, for
example, take a maxim 'ab initio'. Its meaning is 'from the beginning' or 'from the very start of something'. So instead of writing it so long, we use the word ab initio which is helpful enough in the practical situation.Legal maxims, when used in the right context, makes the language very clear. Thomas Hobbes, an English philosopher said that legal maxims are of the same strength as that of acts and statutes.
The repetitive nature of some of the maxims like 'bona fide' which means 'in good faith' has become a usage of the regular folks also. They are also used in different judicial proceedings regularly. The term 'per se' that means 'by itself' is also Latin which is used regularly in daily lives. There are hundreds of legal maxims which are often used for elucidating a legal principle, proposition or concept.
The essence of the maxims is a very deep and human ethic. The maxims are generally incorporated in the form of human rights and environmental principles.
VARIOUS LEGAL MAXIMS USED IN LAW
Actus Non Facit Reum Nisi Mens Sit Rea: This Latin maxim can be traced back to Roman law
principles and has been fundamental in English common law. Its literal meaning is "an act does
not make a person guilty unless the mind is also guilty." This essentially means that a crime is
only committed when both the act and the intention or guilty mind are present. It is widely used
in criminal law to distinguish between accidental actions and intentional wrongdoing.
Ignorantia Juris Non Excusat: This maxim comes from Roman law and has been carried into
modern legal systems worldwide. Its literal meaning is "Ignorance of the law is no excuse." This
principle asserts that a person cannot escape liability simply by claiming they were unaware of
the law. It is often applied in cases where someone breaks the law without knowing it.
Nemo Judex In Causa Sua: It is derived from ancient Roman legal doctrine. Its literal meaning
is "No one should be a judge in their own case." This maxim is central to ensuring fairness and
impartiality in legal proceedings. It is applied in situations involving potential conflicts of
interest.
Res Ispa Loquitur: It was first used in English common law, this maxim originates from Latin.
Its literal meaning is "The thing speaks for itself." This principle applies when the mere
occurrence of an accident implies negligence. It is commonly used in tort law, especially in
medical malpractice cases.
Qui Facit Per Alium Facit Per Se: It is another Latin phrase from Roman law. Its literal
meaning is "He who acts through another acts himself." This principle holds someoneresponsible for the actions of another if they instructed or authorised them to act. It is often used
in agency law and employment cases , such as when an employer is held liable for the actions of
their employee during work hours.
Falsus In Uno, Falsus In Omnibus: It can be traced back to Roman legal traditions and widely
adopted in the 19th-century American legal system. Its literal meaning is "False in one thing,
false in everything." This maxim suggests that if a witness lies about one aspect, their entire
testimony might be disregarded. Although it is less frequently applied strictly in modern courts,
it remains a guiding principle when assessing the credibility of witnesses.
Audi Alteram Partem: This Latin maxim is deeply rooted in natural justice, having origins in
Roman law. Its literal meaning is "Hear the other side." It emphasizes the importance of giving
both parties in a dispute the opportunity to present their case. It is fundamental to procedural
fairness in courts, this maxim is applied to ensure that no decision is made against a party
without giving them a fair hearing.
Volenti Non Fit Injuria: Its origins are Latin, from Roman law. Its literal meaning is "To a
willing person, no injury is done." This maxim states that one cannot complain of harm if they
voluntarily exposed themselves to known risk. It is common in tort law, this principle is often
invoked in sports injury cases, where participants knowingly accept certain risks by taking part
in the activity.
De Minimis Non Curat Lex: This maxim is of Latin origin, historically used in Roman legal
practice. Its literal meaning is "The law does not concern itself with trifles." It means that the
legal system should not be used to resolve trivial matters. It is used to dismiss cases involving
insignificant harm or negligible claims.
Ubi Jus Ibi Remedium: This Latin maxim is foundational in common law, with roots in Roman
law. Its literal meaning is "Where there is a right, there is a remedy." This means that if a
person's legal rights are violated, they are entitled to some form of remedy or compensation. It is
widely applied in civil law, this maxim supports the idea that courts must provide relief for every
breach of a legal right, such as compensation for breach of contract or damages in personal
injury cases.
Dura Lex Sed Lex: Its origins are Latin, from Roman law. Its literal meaning is "The law is
harsh, but it is the law." This maxim means that the law must be followed, even if it seems strict
or unfair. It is often invoked when legal decisions may seem morally difficult or harsh, but are
legally necessary.
Nemo Debet Bis Vexari Pro Una Et Eadem Causa: It is a principle from Roman Law that
influenced modern legal systems. Its literal meaning is "No one ought to be tried twice for the
same cause." This maxim forms the basis for the legal concept of double jeopardy. It iscommonly applied in criminal law, it prevents a person from being retried for the same crime
once acquitted or convicted.
Caveat Emptor: It is a Latin phrase from Roman law, literally meaning "Let the buyer beware."
This maxim places the responsibility on the buyer to be cautious about the quality and suitability
of goods purchased. It is used in contract and commercial law.
Salus Populi Suprema Lex Esto: This maxim is of Latin origin, famously quoted by Cicero. Its
literal meaning is "The welfare of the people shall be the supreme law." It emphasizes that the
law must prioritize the common good. It is often cited in public law and constitutional matters,
especially in emergencies, to justify actions taken for public safety, such as lockdowns during
pandemics.
Fiat Justitia Ruat Caelum: It is a Latin phrase rooted in Roman law. "Let justice be done,
though the heavens fall." This maxim means that justice must be served regardless of the
consequences. It is commonly used when courts make decisions that are legally correct but might
have far-reaching, disruptive consequences.
Lex Non Cogit Ad Impossibilia: It is a long-established principle from Roman legal thought. Its
literal meaning is "The law does not compel the impossible." This maxim holds that the law
cannot expect people to do things that are physically or legally impossible. This is often invoked
in contractual disputes, where fulfilling certain obligations becomes impossible due to
unforeseen circumstances, such as natural disasters.
Lex Talionis: It is found in the Code of Hammurabi and biblical texts. Its literal meaning is "The
law of retaliation." Often summarised as "an eye for an eye." While not applied in modern law in
its literal sense, this principle underpins legal concepts of proportionality in punishment.
Qui Prior Est Tempore, Potior Est Jure: It is a Latin maxim from Roman Law. Its literal
meaning is "He who is earlier in time is stronger in law." This refers to the priority of legal rights
based on time. It is commonly applied in property disputes and contract law, where the first party
to stake a claim or file a lawsuit has priority.
In Loco Parentis: It is a Latin phrase meaning "in place of a parent". It refers to the
responsibility of individuals or institutions, such as schools, to act in the best interest of minors,
as a parent would. This principle is used in family law and educational law, where schools, for
example, must act in the best interest of students in their care, especially regarding discipline and
safety.
Stare Decisis: Its a Latin maxim meaning "to stand by things decided." It refers to the doctrine
of precedent, meaning courts should follow established legal decisions made in previous cases. It
is a cornerstone of common law, this principle ensures consistency and predictability in the law.Ratio Decidendi: It has been derived from Latin. Its literal meaning is "The reason for the
decision." This refers to the underlying principle or rule that a case establishes, which is binding
for future cases. It is central in legal reasoning and precedent-setting, where the core logic of a
judgement forms the basis for future decisions.
Res Judicata: It is a Latin maxim which means "A matter already judged." Once a matter has
been judged by a competent court, it cannot be re-litigated between the same parties. This
principle prevents repetitive lawsuits over the same issue, ensuring legal finality and efficiency
in court systems.
Pacta Sunt Servanda: This is a Latin phrase from Roman law. Its literal meaning is
"Agreements must be kept." It emphasizes the binding nature of contracts and agreements. It is
widely applied in contract law, it ensures that parties must honor their contractual obligations
unless voided by law.
Ex Turpi Causa Non Oritur Actio: It is of Latin origin from Roman legal principles. Its literal
meaning is "No action arises from a dishonorable cause." This maxim means that a claimant
cannot pursue legal remedy if the cause of action is founded on illegal or immoral conduct. It is
commonly cited in tort and contract law, where parties involved in illegal activities cannot seek
legal recourse for damages arising from these activities.
Ab Initio: It is a Latin phrase which means "From the beginning." This refers to something
being void or invalid from the start . It is often used in contract and property law.
Nemo Dat Quod Non Habet: It is a Latin maxim from Roman law. Its literal meaning is "No
one can give what they do not have." This means that someone cannot transfer a greater right
than they themselves possess. It is common in property and contract law, ensuring that a person
who does not own property cannot transfer legal ownership to another party.
Sic Utere Tuo Ut Alienum Non Laedas: It is a Latin phrase, dating back to the Roman legal
traditions. Its literal meaning is "Use your property in such a way that it does not harm others."
This principle governs the responsible use of property and is foundational in nuisance law. It is
frequently cited in property law to resolve disputes where a person's use of their land negatively
impacts neighbours, such as in cases of pollution or excessive noise.
Expressio Unius Est Exclusio Alterius: It is a Latin maxim used in statutory interpretation. Its
literal meaning is "The expression of one thing is the exclusion of another." This means that if
something is explicitly mentioned in a law, other things not mentioned are excluded. It is
common in interpreting statutes, where courts rely on this maxim to determine the legislature's
intent by focusing on what is expressly stated.
Uberrima Fides: It is a Latin phrase, which means "utmost good faith." It refers to the
obligation to act in good faith, particularly in contracts, where one party relies heavily on theother's disclosures. It is used in insurance law, this principle requires that all parties disclose all
material facts before entering into an insurance contract.
In Pari Delicto: It is a Latin phrase which means "in equal fault." This maxim asserts that when
two parties are equally at fault, the law will leave them as they are and refuse to provide
remedies to either. It is common in contract disputes and tort law, particularly when both parties
have engaged in illegal or unethical conduct.
CONCLUSION
In conclusion, legal maxims serve as foundational principles in the legal system, providing concise and clear guidance for interpreting laws and resolving disputes. They offer a historical and philosophical perspective on justice, ensuring consistency and fairness in legal reasoning. Though not binding in the same way as statutes or case law, these maxims remain an important tool for judges, lawyers, and scholars to interpret legal matters effectively. By upholding timeless principles, legal maxims help maintain the integrity of the law, bridging the gap between traditional wisdom and modern legal practice.
-DEVANSH CHAUHAN
HPNLU
Comments