Maxims And Opinions Vol 1

Author : George Frederick Wharton
Publisher : Forgotten Books
ISBN 13 : 9780364365755
Total Pages : 356 pages
Book Rating : 4.3/5 (657 download)

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Download or read book Legal Maxims, Vol. 1 written by George Frederick Wharton and published by Forgotten Books. This book was released on 2018-03-11 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Legal Maxims, Vol. 1: With Observations and Cases There is a certain charm about a legal maxim. It seems to put so much wisdom in so few words and with so conclusive efl'ect. Having heard a maxim which applies to a given case, the case appears to be closed. It covers the ground, and silences controversy. The difiiculty about settling a question by this means is that we cannot always stop with one maxim. Generally several maxims are applicable. And the second demands usually a very different answer to the question from that given by the first. When legal maxims are invoked to determine a mooted point, the mind is in the condition of the oft-cited justice who, after hearing one Side, objected to hearing the other, because it unsettled his Opinion. Maxims have therefore always been peculiarly appropriate authorities nu der the systems derived from the Roman law, where a tribunal determines a case free from the embarrassments involved in settling or unsettling pre cedents, and needs chiefly to invoke a sound principle as a justification for an isolated decision. When the attempt is made, under our system of juris prudence, to solve a question by maxims, it usually results in resolving the question into another double question quite as debatable as the first, viz. Which of two maxims is properly applicable? For instance, Equality is equity, but on the other hand, He who is prior in time is stronger in right, and The law aids the vigilant, not the negligent. Upon almost every subject the maxims of jurisprudence balance themselves against each other in this way; and the function of justice is to hold the scales so that the preponderating principle shall determine the cause. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.