The attitude of early English commentators towards the maximum of the law was an unmixed admiration. In Thomas Hobbes, Doctor and Student (p. 26), they are described in the law as having the same force and effect as the laws. Not only, notes Francis Bacon in the preface to his collection of maxims: the use of maxims “will consist in deciding doubts and sustaining the soundness of judgment, but also in assessing arguments, correcting unnecessary subtleties and reducing them to a more solid and substantial sense of law, reappropriating vulgar errors and, in general, to change to some extent the nature and hue of the whole law.” [1] [2] A legal maxim is an established principle or legal form, a kind of aphorism and general maxim. The word is apparently a variant of the Latin maxima, but the latter word is not found in surviving texts of Roman law with a designation exactly analogous to a legal maxim in medieval or modern definition, but the treatises of many Roman jurists on regular definitions and sententiae iuris are to some extent collections of maxims. Most Latin maxims date back to the Middle Ages in European states that used Latin as their legal language. A similar sound has been heard in Scotland; and it has been well observed that a glance at the pages of Morison`s Dictionary of Decisions or other ancient accounts will show how often in ancient Scottish law questions of respect for the rights, remedies and duties of individuals were determined by direct reference to legal maxims. We focus on private commercial and international law, dispute resolution, real estate and construction, public-private partnerships (PPPs), transactions and intellectual/IT law, as well as legal advice to high net worth clients. The information contained on this website is protected by copyright and may not be distributed, modified or reproduced in whole or in part without the prior written consent of MAXIMA.
This article contains the text of a publication that is now in the public domain: Renton, Alexander Wood (1911). “Maximen, Rechtliches”. In Chisholm, Hugh (ed.). Encyclopædia Britannica. 17 (11th ed.). Cambridge University Press. pp. 925-926. MAXIMA EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER RELATING TO OR REFERENCED BY THE MAXIMA WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAXIMA provides this solely for the convenience of our users. The mention of third party products, companies and websites on the MAXIMA website is for informational purposes only and does not constitute an endorsement or recommendation. MAXIMA assumes no responsibility for the selection, performance or use of such products or suppliers.
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