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Maxims of Law

Tribal__Steel · 2026-06-09 · treechat

Maxims of Law Legal fiction is wrongful when it works loss or injury to any man. A legal fiction is bound by legislation and statutory duties, man is not. All Police force, Parliament, Civil servants, Public servants, judges, are all bound by legislation. man is not.

  1. Natural Law & Biblical Principles These maxims underpin the belief that universal human rights and laws originate from a higher divine power:The Golden Rule: "Do unto others as you would have them do unto you." (Often applied as the foundational maxim for both the Maxims of Equity and natural jurisprudence). Salus populi suprema lex esto: Translated as "The welfare of the people is the supreme law." This principle is heavily cited in both divine and secular law.

    Maxims of Law Accidents and Injury An act of God does wrong to no one. The act of God does no injury; that is, no one is responsible for inevitable accidents. No one is held to answer for the effects of a superior force, or of an accident, unless his own fault has contributed. The execution of law does no injury. An action is not given to one who is not injured. An action is not given to him who has received no damages. He who suffers a damage by his own fault, has no right to complain. Mistakes, neglect, or misconducts are not to be regarded as accidents. Whoever pays by mistake what he does not owe, may recover it back; but he who pays, knowing he owes nothing; is presumed to give. What one has paid knowing it not to be due, with the intention of recovering it back, he cannot recover back. [If the IRS accuses you of owing them money, if you want to go to court to dispute it, you must pay them in full what they demand and then sue them to get it back. Which places the burden of proof upon the accused rather than the accuser] No man ought to be burdened in consequence of another's act. There may be damage or injury inflicted without any act of injustice. Not every loss produces and injury. A personal injury does not receive satisfaction from a future course of proceeding. Wrong is wiped out by reconciliation. An injury is extinguished by the forgiveness or reconcilement of the party injured. [Luke 17:3-4, 2 Corinthians 2:7-8] Benefits and Privileges Favors from government often carry with them an enhanced measure of regulation. Any one may renounce a law introduced for his own benefit. No one is obliged to accept a benefit against his consent. He who receives the benefit should also bear the disadvantage. He who derives a benefit from a thing, ought to feel the disadvantages attending it. He who enjoys the benefit, ought also to bear the burden. He who enjoys the advantage of a right takes the accompanying disadvantage. A privilege is, as it were, a private law. A privilege is a personal benefit and dies with the person. One who avails himself of the benefits conferred by statute cannot deny its validity. What I approve I do not reject. I cannot approve and reject at the same time. I cannot take the benefit of an instrument, and at the same time repudiate it. He who does any benefit to another for me is considered as doing it to me. Commerce Caveat emptor (let the buyer beware). Let the purchaser beware. Let the seller beware. The payment of the price stands in the place of a sale. The payment of the price of a thing is held as a purchase. Goods are worth as much as they can be sold for. Mere recommendation of an article does not bind the vendor of it. It is settled that there is to be considered the home of each one of us where he may have his habitation and account-books, and where he has made an establishment of his business. No rule of law protects a buyer who willfully closes his ears to information, or refuses to make inquiry when circumstances of grave suspicion imperatively demand it. Let every one employ himself in what he knows. He at whose risk a thing is done, should receive the profits arising from it. Usury is odious in law. [Exodus 22:25, Leviticus 25:36-37, Nehemiah 5:7,10, Proverbs 28:8, Ezekiel 18:8,13,17; 22:12] Common Sense When you doubt, do not act. It is a fault to meddle with what does not belong to or does not concern you. Many men know many things, no one knows everything. One is not present unless he understands. It avails little to know what ought to be done, if you do not know how it is to be done. He who questions well, learns well. What ever is done in excess is prohibited by law. No one is bound to give information about things he is ignorant of, but every one is bound to know that which he gives information about. No man is bound to have foreknowledge of a Divine or a future event. No one is bound to arm his adversary. Consent and Contracts Consent makes the law. A contract is a law between the parties, which can acquire force only by consent.