IVIAXIM. 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 Blackstone, Comm. 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 parlia,ment, when the judges have de termined what is a maxim ; which belongs to the judges and not the jury. Termes de la 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. Coke, Litt. 11, 67 ; 4 Coke. See Plovrd. 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 how the maxini arose, and to consider whether tbe 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. Coke, 2d Inst. 210.
The following are some of the more import ant maxims : A communi ob8ervantitl 71011. cetrecedendu2n. There
should be no departure from common observance (or uaagc). Coke, Litt. 186 ; Wingate, Max. 203; 2 Coke, 74.
A digniori fieri debet denominatio et reeolutio. The dentmination end explanation of a person or thing ought to be derived from the more worthy. Wingate, Max. 265 ; Fleta, lib. 4, c. 10, 12.
A l'impo88ible lee8t term No one is bound to do what is impessible.
A non pollee ad non e88c sequitur argumentum me cessarie negative licet non affirmative. From im possibility to non-existence the inference follows necessarily in the negative, though not in the affirm ative. Hob. 336 b.
A pirati8 ant latroribu8 capti liberi permanent, Those captured by pirates or robbers remain free. Dig. 49. 15. 19. 2; Grotius, de Jure Belli, lib. 3, c.
3, s. 1.
A pirati8 et latromibus eaptadominium non mutant. Things captured by piptes and robbers do not change ownership. 1 Kent, Comm. 108, 184; 2 Wooddeson, Led. 258, 259.
A rescripti8 valet arglornentutn. An argument front rescripts (i.e. original writs in the register) is valid.