Maxims: Being Part 1 of the Maxims of Equity

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Harvard law review association, 1921 - 836 pages
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Page 825 - Occidentals at the end of the sixteenth century and the beginning of the seventeenth.
Page 831 - Further, there are two principal things from whence arguments may be drawn — that is to say, our maxims, and reason, which is the mother of all laws. But maxims are the foundations of the law, and the conclusions of reason, and therefore they ought not to be impugned, but always to be admitted.
Page 811 - Quod vulgo respondetur, causam possessionis neminem sibi mutare posse, sic accipiendum est, ut possessio non solum civilis sed etiam naturalis intelligatur.
Page 833 - I have avoided so to do, because this delivering of knowledge in distinct and disjoined aphorisms doth leave the wit of man more free to turn and toss, and to make use of that which is so delivered to more several purposes and applications.
Page 830 - Dial. 1 ch 8, says this authority, " standoth in divers principles that be called law maxims, the " which have always been taken for law in this realm, so that it is not lawful for any " that is learned to deny them, for every one of those maxims is sufficient authority
Page 831 - ... the mother of all laws. But maxims are the foundations of the law, and the conclusions of reason, and therefore they ought not to be impugned, but always to be admitted; yet these maxims may by the help of reason, be compared together, and set one against another (although they do not vary), where it may be distinguished by reason that a thing is nearer to one maxim than to another, or placed between two maxims; nevertheless they ought never to be impeached or impugned, but always be observed...
Page 836 - Legal Cause in Actions of Tort," 25 Harv. L. Rev. 103, 223, 303 (1911-1912); Wigmore, "Responsibility for Tortious Acts: Its History,
Page 825 - Assault on a father is dealt with in these terms : " si parentem puer uerberit, ast olle plorassit, puer diuis parentum sacer esto.
Page 830 - These maxims are not a part of the law of reason; Saint Germain considers them an independent "ground" of the law of England. The law of reason is "derived of" them, but they are derived only of custom. "And they be of the same strength and effect in the law as statutes be. And though the general customs of the realm be the strength and warrant of the said maxims, as they be of the general customs of the realm ; yet because the said general customs be in a manner known through the...
Page 835 - PRINCIPIA legis etaequitatis: being an alphabetical collection of maxims, principles, or rules, definitions and memorable sayings in law and equity.

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