Milgrace G.
Bulahao
5-6
Maxims of Law
from
Bouvier's 1856 Law Dictionary
1. An established principle or proposition. A principle of law universally admitted as being just and
consonant with reason.
2. Maxims in law are somewhat like axioms in geometry. 1 Bl. Com. 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. Terms do Ley; Doct. & Stud. Dial. 1, c. 8. Maxims of the law are holden for
law, and all other cases that may be applied to them shall be taken for granted. 1 nst. 11. 67; 4 Rep.
See 1 Com. c. 68; Plowd. 27, b.
3. 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 bow 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.
4. The alterations of any of the maxims of the common law are dangerous. 2 nst. 210. The following are
some of the more important maxims.