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Legal Maxim
A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim. The word is apparently a variant of the Latin , but this latter word is not found in extant texts of Roman law with any denotation exactly analogous to that of a legal maxim in the Medieval or modern definition, but the treatises of many of the Roman jurists on and are to some degree collections of maxims. Most of the Latin maxims originate from the Medieval era in European states that used Latin as their legal language. The attitude of early English commentators towards the maximal of the law was one of unmingled adulation. In Thomas Hobbes, '' Doctor and Student'' (p. 26), they are described as of the same strength and effect in the law as statutes. Not only, observes Francis Bacon in the preface to his collection of maxims: The use of maxims will be "in deciding doubt and helping soundness of judgment, but, further, in gracing argument, in correcting unprofitabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aphorism
An aphorism (from Greek ἀφορισμός: ''aphorismos'', denoting 'delimitation', 'distinction', and 'definition') is a concise, terse, laconic, or memorable expression of a general truth or principle. Aphorisms are often handed down by tradition from generation to generation. The concept is generally distinct from those of an adage, brocard, chiasmus, epigram, maxim ( legal or philosophical), principle, proverb, and saying; although some of these concepts may be construed as types of aphorism. Often, aphorisms are distinguished from other short sayings by the need for interpretation to make sense of them. In ''A Theory of the Aphorism'', Andrew Hui defined an aphorism as "a short saying that requires interpretation." History The word was first used in the ''Aphorisms'' of Hippocrates, a long series of propositions concerning the symptoms and diagnosis of disease and the art of healing and medicine. The often cited first sentence of this work is: "" - "life ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Noy
William Noy (1577 – 9 August 1634) was an English jurist. He was born on the family estate of Pendrea in St Buryan, Cornwall. He left Exeter College, Oxford, without taking a degree, and entered Lincoln's Inn in 1594. From 1603 until his death he was elected, with one exception, to each parliament, sitting invariably for a constituency of his native county. For several years his sympathies were in antagonism to the court party, yet every commission that was appointed numbered Noy among its members, and even those who were opposed to him in politics acknowledged his learning. A few years before his death he changed political allegiance, went over to the side of the court, and in October 1631 he was created Attorney-general, but was never knighted. It was through his advice that the impost of ship money was levied, resulting in a controversy that helped trigger the English Civil War. Noy suffered from stones, and died in great pain; he was buried at New Brentford Brent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Legal Terminology
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Law
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brocard (law)
A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome. The word is a variant of the Latinized name of Burchard of Worms (died AD 1025), Bishop of Worms, Germany, who compiled 20 volumes of ''Ecclesiastical Rules''. History Begun in AD 1008, the materials took Burchard four years to compile. He wrote it while living in a small structure on top of a hill in the forest outside Worms, after his defeat of Duke Otto and while raising his adopted child. The collection, which he called the ''Collectarium Canonum'' or ''Decretum'', became a primary source for canon law. Along with numerous documents from a variety of sources, including the Old Testament and Saint Augustine of Hippo, Burchard included the ''Canon Episcopi'' in this collection, under the belief that it dated from an episcopal "Council of Anquira" in AD 314, but no other evidence of this council exists. Because of this inclusion, Burchard has ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maxims Of Equity
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental and time honored of the maxims, listed on this page, are often referred to on their own as the 'maxims of equity' or 'the equitable maxims',The first equitable maxim is 'equity delights in equality' or equity is equality Like other kinds of legal maxims or principles, they were originally, and sometimes still are, expressed in Latin. Role of maxims Maxims of equity are not a rigid set of rules, but are, rather, general principles which can be derived from i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Legal Latin Terms
A ''list'' is any set of items in a row. List or lists may also refer to: People * List (surname) Organizations * List College, an undergraduate division of the Jewish Theological Seminary of America * SC Germania List, German rugby union club Other uses * Angle of list, the leaning to either port or starboard of a ship * List (information), an ordered collection of pieces of information ** List (abstract data type), a method to organize data in computer science * List on Sylt, previously called List, the northernmost village in Germany, on the island of Sylt * ''List'', an alternative term for ''roll'' in flight dynamics * To ''list'' a building, etc., in the UK it means to designate it a listed building that may not be altered without permission * Lists (jousting), the barriers used to designate the tournament area where medieval knights jousted * ''The Book of Lists'', an American series of books with unusual lists See also * The List (other) * Listing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Bouvier
John Bouvier (1787 – November 18, 1851), was a French-American jurist and legal lexicographer, is known for his legal writings, particularly his ''Law Dictionary Adapted to the Constitution and Laws of the United States of America and of the Several States of the American Union'' (1839). It is believed to be the first legal dictionary to be based on American law, and is still in publication. It has been frequently revised and republished, and was retitled '' Bouvier's Law Dictionary'' in 1897. Bouvier also published ''The Institutes of American Law'' (1851) and an edition of Matthew Bacon's ''Abridgment of the Law''. Life John Bouvier was born in 1787 in Codognan, France, in the department du Gard, to Jean Bouvier (1760–1803) and Marie Benezet (1760–1823). They were members of the Quakers. John Bouvier was educated in Nimes. In 1802, Jean and Marie Bouvier, John Bouvier, and his brother Daniel emigrated to America and settled in Philadelphia. Bouvier's father died ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Dalrymple, 1st Viscount Of Stair
James Dalrymple, 1st Viscount Stair (May 1619 – 29 November 1695), Scottish lawyer and statesman, and a key influence on the Scottish Enlightenment. He was a leading figure of Scottish law, “and also one of the greatest thinkers on law across Europe has ever produced.” According to Alexander Broadie, Professor of Logic and Rhetoric at Glasgow University, in his book ''The Scottish Enlightenment'', the first Scottish enlightenment began Post Reformation in the 15th century, with figures such as John Mair (1467-1550), James Dalrymple (1619-1695), Duns Scotus (1265-1308), George Buchanan (1506-1582) and many others. These scholars were predominately educated at Paris university and then returned to teach at Scotland’s ancient universities – St Andrews, Aberdeen, and Glasgow. “Dalrymple graduated from Glasgow university in 1647 and was regent in arts there from 1641 until 1647. The following year he became an advocate and thereafter was appointed a judge. From 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Herbert Broom
Herbert Broom (1815–1882) was an English writer on law. Life Broom was born at Kidderminster in 1815, and was educated at Trinity College, Cambridge, where he graduated as a wrangler in 1837. He proceeded LL.D. in 1864. He was called to the bar at the Inner Temple in Michaelmas term 1840, and practised on the home circuit. For a considerable period he occupied the post of reader of common law at the Inner Temple. He died at the Priory, Orpington Orpington is a town and area in south east London, England, within the London Borough of Bromley. It is 13.4 miles (21.6 km) south east of Charing Cross. On the south-eastern edge of the Greater London Built-up Area, it is south of St ..., Kent, on 2 May 1882. ''Legal Maxims'' (1845) gained wide circulation as an established text-book for students. Works ;Law books * ''Practical Rules for determining Parties to Actions'', 1843. * ''Legal Maxims'', 1845. third edition, 1858 Fifth edition, 1870. * ''Practice of Superior ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edmund Wingate
Edmund Wingate (1596–1656) was an English mathematical and legal writer, one of the first to publish in the 1620s on the principle of the slide rule, and later the author of some popular expository works. He was also a Member of Parliament during the Interregnum. Life The second son of Roger Wingate of Sharpenhoe in Bedfordshire and of his wife Jane, daughter of Henry Birch, he was born at Flamborough in Yorkshire in 1596 and baptised there on 11 June. He matriculated from The Queen's College, Oxford, on 12 October 1610, graduated B.A. on 30 June 1614, and was admitted to Gray's Inn on 24 May. Before 1624 he went to Paris, where he became teacher of the English language to the Princess Henrietta Maria. He had learned in England the "rule of proportion" (logarithmic scale) recently invented by Edmund Gunter which he communicated to mathematicians in Paris. He rushed into print to obtain priority, an advocate in Dijon to whom he had shown the rule in a friendly manner having ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulæ Juris
', also spelled ' () were legal maxims which served as jurisprudence in Roman law. The term is also a generic term for general rules or principles of the interpretation of canon laws of the Catholic Church; in this context, they remain principles of law used in interpreting Catholic canon law, despite no longer having any binding forces of law since the 1917 Code of Canon Law abrogated them. Roman law There are 211 ''Regulae iuris''. The first ''Regula iuris'' from this corpus is from the 3rd-century jurisconsult Paulus; it is: "The law is not drawn from the rule ''egula'' rather it is the rule which comes from the law." Catholic Church Catholic use In a specific sense, however, ' are certain fundamental laws in the form of legal maxims memorialized in the ''Corpus Iuris Canonici'', comprising 11 that Pope Gregory IX placed at the end of the fifth ''Book of Decretals'' and 88 that Pope Boniface VIII placed in the final title of ''Liber Sextus Decretalium''. These ru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
