Black's Law Dictionary: Legal Maxims 1891 Container ⚖️
Legal Maxims
In the first edition of this dictionary, published in 1891, Henry Campbell Black remarked that the book contained a complete collection of legal maxims, adding: “These have not been grouped in one body, but distributed in their proper alphabetical order through the book. This is believed to be the more convenient arrangement”. Although it might indeed have been more convenient for readers who knew the maxims they wanted to look up — as 19th-century readers might have been apt to — spreading Latin sentences throughout the book is decidedly inconvenient for most dictionary users today. We have therefore collected them here for ease of reference.
Of course, many scholars have long been intolerant of those who use maxims to decide cases. As James Fitzjames Stephen, one of the great 19th-century legal scholars, incisively put it before Black's work appeared:
It seems to me that legal maxims in general are little more than pert headings of chapters. They are rather minims than maxims, for they give not a particularly great but a particularly small amount of information. As often as not, the exceptions and disqualifications to them are more important than the so-called rules.
Other scholars have been equally derisive.
But there is an element of fun in legal maxims. They sometimes express surprising insights — and these from ancient writers. Though they will not clinch arguments, they will delight many readers who have a historical bent.
A
Ab abusu ad usum non valet consequentia.
A conclusion about the use of a thing from its abuse is invalid.
Ab assuetis non fit injuria.
No injury is done by things long acquiesced in.
Abbreviationum ille numerus et sensus accipiendus est ut concessio non sit inanis.
Such number and sense is to be given to abbreviations that the grant may not be void.
Absentem accipere debemus eum qui non est eo loco in quo petitur.
We must consider a person absent who is not in that place in which he is sought.
Absentia ejus qui reipublicae causa abest neque ei neque alii damnosa esse debet.
The absence of a person who is abroad in service to the state ought to be prejudicial neither to that person nor to another.
Absoluta sententia expositor non indiget.
A simple proposition needs no expositor.
Abundans cautela non nocet.
Abundant caution does no harm.
Accessorium non ducit, sed sequitur, suum principale.
An accessory does not lead, but follows, its principal.
Accessorium non trahit principale.
The accessory does not carry the principal with it.
Accessorarius sequitur naturam sui principalis.
An accessory follows the nature of his principal.
Accipere quid ut justitiam facias non est tam accipere quam extorquere.
To accept anything as a reward for doing justice is rather extorting than accepting.
Accusare nemo debet se, nisi coram Deo.
No one is obliged to accuse himself, except before God.
Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit.
A person who makes an accusation after a reasonable time has passed is not to be heard unless the person makes a satisfactory excuse for the omission.
A communi observantia non est recedendum.
Common observance (or usage) is not to be departed from.
Actus Dei nemini facit injuriam.
An act of God does wrong to no one. That is, no one is responsible in damages for inevitable accidents.
Actus Dei nemini nocet.
An act of God does wrong to no one.
Actus inceptus cujus perfectio pendet ex voluntate partis revocari potest: si autem pendet ex voluntate tertiae personae, est ex contingentibus, revocari non potest.
An act already begun whose completion depends on the will of the parties may be recalled; but if it depends on consent of a third person or on a contingency, it cannot be recalled.
Actus judiciarius cujus non judice tiritus habetur; de facto non de jure et quacunque provenit ratione esto.
A judicial act before one who is not a judge or without jurisdiction is void; so is any judicial act, from whatever source, that is rendered outside its legal limits.
Actus legis nemini est damnosus.
An act of the law prejudices no one.
Actus legis nemini facit injuriam.
An act of the law does no one wrong.
Actus legitimi non recipiunt modum.
Acts required by law do not admit of qualification.
Actus me invito factus non est meus actus.
An act done against my will is not my act.
Actus non facit reum, nisi mens sit rea.
An act does not make a person guilty unless the mind is guilty; an act does not make the doer criminal unless his mind is criminal.
Actus reus non potest in esse produci.
A repugnant act cannot be brought into being (that is, cannot be made effectual).
Actus servi, et iis quibus opera ejus communiter adhibetur, pro actis domini habentur.
The act of a servant in those things in which he is usually employed is considered the act of his master.
Additio probat minorationem.
An addition proves inferiority. That is, if it be said that a person has a lesser sum, it is less than if the person has the fee.
Ad ea quae frequentius accidunt jura adaptantur.
The laws are adapted to those cases that occur more frequently.
Ad dignitatem fieri debet denominatio et resolutio.
The judgment ought to be derived from its most worthy end.
Ad impossibilia nemo tenetur, sed impossibilium nulla est obligatio.
No one is bound to do the impossible, and there is no obligation to perform the impossible.
Ad quaestionem facti non respondent judices; ad quaestionem legis non respondent juratores.
Judges do not answer questions of fact; jurors do not answer questions of law.
Ad quaestiones legis judices, et non juratores, respondent.
Judges, and not jurors, answer questions of law.
Ad recte docendum oportet primum inquirere nomina, quia rerum cognitio a nominibus rerum dependet.
In order rightly to comprehend a thing, it is necessary first to inquire into the names, for a right knowledge of things depends on their names.
Adversus extraneos vitiosa possessio prodesse solet.
Possession with faults is usually sufficient against strangers. That is, bad possession is better than none as against a stranger; one who has possession has a better claim than one who has none.
Ad vitium pervenit quod cum libertate non tenetur quis.
No one is held to answer who has not voluntarily intervened; no one is liable for what his own fault has not contributed.
Aedificare in tuo proprio solo licet, quod alii non noceat.
It is lawful to build on one’s own land provided it injures no one.
Aedificatio solo cedit.
What is built on the land goes with the land.
Aedificia solo cedunt.
Buildings go with the land.
Aequior est dispositio legis quam hominis.
The law's disposition is more impartial than man’s.
Aequitas agit in personam.
Equity acts on the person.
Aequitas est correctio legis generaliter latae qua parte deficit.
Equity is the correction of some part of the law where by reason of its generality it is defective.
Aequitas est perfecta quaedam ratio quae jus scriptum interpretatur et emendat; nulla scriptura comprehensa est, sed sola ratione consistens.
Equity is a sort of perfect reason that interprets and amends the written law; comprehended in no written text, but consisting of reason alone.
Aequitas est quasi aequalitas.
Equity is as it were equality.
Aequitas ignorantiae opitulatur, oscitantiae non item.
Equity assists ignorance but not complacency (or negligence).
Aequitas non facit jus, sed juri auxiliatur.
Equity does not create a right, but aids the right.
Aequitas nunquam contravenit leges.
Equity never contradicts the law.
Aequitas sequitur legem.
Equity follows the law.
Aequitas supervacua odit; parum sufficit naturali aequitati.
Equity abhors superfluous things; a little satisfies natural equity.
Aestimatio praeteriti delicti ex postremo facto nunquam crescit.
The assessment of a past offense never increases from a subsequent fact.
Affectio tua nomen imponit operi tuo.
Your motive gives a name to your act.
Affectus puniri licet non sequatur effectus.
The intention is punished even if the object is not achieved.
Affinis dicitur, cum duae cognationes, inter se divisae, per nuptias copulantur, et una alterius fine extendit.
Persons are said to be bound by affinity when two families, divided from one another, are united by marriage and one reaches across the borders of the other.
Affinis mei et affinis non est mihi affinis.
A person connected by marriage to someone connected by marriage to me is no connection of mine.
Affirmanti, non neganti, incumbit probatio.
The proof lies on the one who affirms, not on the one who denies.
Affirmantis est probare.
The person who affirms must prove.
Agentes et consentientes pari poena plectuntur.
Acting and consenting parties will be liable to the same punishment.
A jure suo cadunt.
They fall from their right.
A justitia et justitia non est recedendum.
From justice as from the law all rights flow.
Alienatio bene fieri non potest nisi observata forma.
A transfer is not properly made unless formalities are observed.
Alienatio licet prohibeatur, consensu tamen omnium in quorum favorem prohibita est potest fieri; et quibuslibet potest renunciare juri pro se introducto.
Even if alienation is prohibited, it may take place by the consent of all in whose favor it is prohibited; it is in the power of anyone to renounce a right introduced for his own benefit.
Alienare rei praeferatur juri accrescendi.
Alienation of property is favored over the right to accumulate.
A’ impossibiliu[m] nulla obligatio est.
No one is bound to do what is impossible.
Aliquid conceditur ne injuria remaneat impunita quod alias non concederetur.
Something is conceded that otherwise would not be conceded, so that no wrong may remain unpunished.
Allegans non esse judicem in propria causa, quia non potest esse judex et pars.
A person ought not to be judge in his own case, because he cannot act both as judge and party.
Aliud est celare, aliud tacere.
To conceal is one thing, to be silent another.
Aliud est distinctio, aliud separatio.
Distinction is one thing, separation another.
Aliud est possessio, aliud esse in possessione.
It is one thing to possess, another to be in possession.
Aliud est vendere, aliud emere consentire.
To sell is one thing, to consent to be sold is another.
Alieni juris est obligatio non tenet.
A person making contradictory allegations is not to be heard.
Allegans suam turpitudinem non est audiendus.
A person alleging his own wrong is not to be heard.
Allegari non debuit quod probatum non relevat.
What is not relevant if proved ought not to have been alleged.
Allegatio contra factum non est admittenda.
An allegation contrary to the deed (or fact) is not admissible.
Alterius circumstantia delicti non praebet actionem.
A deception practiced on one person does not give a right of action to another.
Alternativa petitio non est audienda.
An alternative petition is not to be heard.
Ambigua responsio contra proferentem est accipienda.
An ambiguous answer is to be taken against the one who offers it.
Ambiguitatibus casibus semper praesumitur pro rege.
In doubtful cases, the presumption is always in favor of the sovereign.
Ambiguitas contra stipulatorem est.
A dubious expression is construed against the party stating it.
Ambiguitas latens verborum verificatione suppletur; ambiguitas ex facto oritur verificatione non potest tolli.
A latent ambiguity in wording is resolved by evidence; a patent ambiguity arising from fact is not cured by evidence.
Ambiguitas verborum patens nulla verificatione excluditur.
A patent ambiguity is not removed by extrinsic evidence (or is never helped by averment).
Ambiguous placitum interpretari debet contra proferentem.
An ambiguous plea ought to be interpreted against the party pleading it.
Ambulatoria est voluntas defuncti usque ad vitae supremum exitum.
The will of a decedent is ambulatory (i.e., can be altered) until the last moment of life.
Amœnitas verborum sunt judice indigna.
Quibbling over words is unworthy of a judge.
Angliae jura in omni casu libertati dant favorem.
The laws of England are favorable in every case to liberty.
Anima ad se omne jus ducit.
The mind brings every right unto itself.
(Often explained: It is the intention that all law applies.)
Animus hominis est anima scripti.
The intention of the person is the soul of the instrument.
Annus est mora motus quo suam planetæ pervagatur circulum.
A year is the duration of the motion by which a planet revolves through its orbit.
A non posse ad non esse sequitur argumentum necessarie negative, licet non affirmative.
From impossibility to nonexistence the inference follows necessarily in the negative, though not in the affirmative.
Appeles juris non sunt jura.
Legal niceties are not law.
A piratis aut latronibus capti liberi permanent.
Those captured by pirates or robbers remain free.
A piratis et latronibus capta dominionem non mutant.
Things captured by pirates or robbers do not change their ownership.
Applicatio est vita regulae.
The application is the life of a rule.
Aqua cedit solo.
The water goes with the ground.
(A grant of the land includes the water on it.)
Aqua currit et debet currere et currere solet.
Water runs and ought to run as it is wont to run.
Arbitrium est judicium.
An award is a judgment.
Arbor dum crescit; lignum est, cum ceciderit requirit.
A tree while it grows is wood; when cut down, it is timber.
Arbitramentum aequum tribuit cuique suum.
A just arbitration apportions each person’s due.
A verbis legis non est recedendum.
From the words of the law there is not to be departure.
A summo remedio ad inferiorem actionem non habetur regressus neque auxiliam.
From the highest remedy to an inferior action there is no recourse or assistance.
Assignatus utitur jure auctoris.
An assignee is clothed with the rights of the principal.
Audi alteram partem.
Hear the other side.
(No one should be condemned unheard.)
A rescripto valet argumentum.
An argument from rescripts (i.e., original writs in the register) is valid.
Argumentum ab auctoritate est fortissimum in lege.
An argument drawn from authority is the strongest in law.
Argumentum ab impossibili plurimum valet in lege.
An argument deduced from an impossibility has the greatest validity in law.
Argumentum ab inconvenienti plurimum valet in lege.
An argument drawn from what is unsuitable (or improper) has the greatest validity in law.
Argumentum a communiter accidentibus in jure frequens est.
An argument from things commonly happening is frequent in law.
Argumentum est fortissimum in jure.
An argument from the subdivision of the subject is most powerful in law.
Argumentum a majori ad minus negatio non valet; valet e converso.
An argument from the greater to the lesser does not hold in the negative (but conversely the affirmative is valid).
Argumentum a minori ad majus.
An argument from the lesser (to a similar case) has force in law.
Assignatus utitur jure auctoris.
An assignee uses the right of his author.
A verbis legis non est recedendum.
The words of the law are not to be departed from.
@leo.voter can you explain how this gets upvoted?