Legal maxim Quotes
Where there is a right, there is a remedy. Ubu jus, ibi remedium.
Legal maxim
Sourced by: Eigen's Political and Historical Quotations
This is one of the first attempts to decentralize the system of law and justice. Edgar was very supportive and tolerant of local differences and customs, including in the law.
This quotation is a more sophisticated statement of the Magna Carta clause {583716}. Note that English law allowed redress against all other people including religions officials and government temporal officers. And everyone was entitled to justice and access to the courts including outlaws or people who have been excommunicated. In many countries these people do not have the protection of the law. This tradition allows prisoners in jail to sue the jailers for example. And imagine a person who had been excommunicated as a heretic and yet allowed to live turning around and suing clerics who were persecuting him in an Islamic nation other than Turkey.
Americans are divided as to whether this should be encouraged and helped or not.
Prosecutors, even ones who are frequent lawbreakers themselves violating defendant's rights or illegally manipulating trials, are reluctant to be officially found to have done so. Many politicians start their political careers as prosecutors and then rise to higher office. If it is officially found that they had abused a defendant and violated the law, it can be detrimental to their careers. So in many states, they have placed barriers making it much harder for an improperly convicted person to even get a court hearing. The cost to society however is that they are never accountable, and people have been wrongly imprisoned and cannot even get a hearing to prove that they were the victims of official misconduct. The rationale for these rules that prevent victims from obtaining fairness and justice is finality—the concept that there should be some end to the process of appeals so justice can be said to have been done. It prevents a kind of closure for many of the victims of crimes and their families if the guilty perpetrator is constantly appealing or can do so.
[During the Guatemalan Civil War, the military had often tortured, murdered disappeared and sexually enslaved female relatives of men they suspected of being rebel. The object was to humiliate and emasculate the insurrectionists so that others will not join them and they will cease their revolutionary activities to protect their women. The civil war ended in 1996, and although military war criminals had been tried earlier but never for crimes – sexual crimes against women. 20 year had elapsed since the end of the war and this famous trial. The two war criminals were sentenced to 120 and 240 years in prison respectively, but they had escaped justice for more than two decades.]
Sealed under duress and later repudiated by the King with Papal assistance.
Jackson was then a rising young military officer and politician. He had been found guilty of abusing his power to declare and implement martial law. He was a character. He bragged about his “respectful submission” to the law by paying the fine, but ignored the legal violations he committed to be sentenced to the fine.
A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim. The word is apparently a variant of the Latin maxima, but this latter word is not found in extant texts of Roman law with any denotation exactly analogous to that of a legal maxim in the Medieval or modern definition, but the treatises of many of the Roman jurists on regular definitiones and sententiae iuris are to some degree collections of maxims. Most of the Latin maxims originate from the Medieval era in European states that used Latin as their legal language.
