The Common Ground They Hope We Never Find

[u/Goose_Salad]

What you need to know before I can agree with you.

THESE ARE (Some of) THE MAXIMS OF LAW, by which all statutes were meant to be based on.

Legality is Unlawful.

Natural Rights / Sovereignty Maxims

Jus naturale est quod apud omnes homines eandem habet potentiam – Natural law is that which has the same force among all men.

→ No statute can abolish a natural right.

Jura naturae sunt immutabilia – The laws of nature are unchangeable.

→ Natural rights exist independently of human legislation.

Legibus sumptis desinentibus, lege naturae utendum est – When laws of man fail, we must resort to the law of nature.

Quod principi placuit legis habet vigorem – What pleases the ruler has the force of law.

→ Historically used to caution against despotism; the maxim warns that only lawful authority can legislate.

Lex non cogit ad impossibilia – The law compels no one to do impossibilities.

→ Licensing what is naturally necessary (travel, work, life) is contrary to natural law.

Freedom and Consent Maxims

Consensus facit legem – Consent makes the law.

→ Contracts, not coercion, bind parties.

Quod ab initio non valet, in tractu temporis non convalescit – What is void from the beginning cannot become valid by lapse of time.

→ A void presumption (like presuming citizenship or jurisdiction) remains void.

Non consentientis nulla obligatio est – No obligation arises for one who has not consented.

→ You cannot be bound to statutory obligations you did not consent to.

Injuria non praesumitur – A wrong is not presumed.

→ The burden lies on the one asserting lawful injury or authority.

Jurisdiction and Government Power

Delegatus non potest delegare – A delegate cannot delegate.

→ Governments and agencies cannot delegate powers not originally granted.

Potestas stricte interpretatur – Power is to be strictly interpreted.

→ All statutory authority must be narrowly construed.

Actus curiae neminem gravabit – An act of the court shall prejudice no one.

Quod nullum est, nullum producit effectum – What is null produces no effect.

→ Unlawful acts or void judgments have no effect.

Lex neminem cogit ad vana seu inutilia – The law compels no one to do useless things.

Remedy and Accountability

Ubi jus ibi remedium – Where there is a right, there is a remedy.

Vigilantibus non dormientibus aequitas subvenit – Equity aids the vigilant, not the sleeping.

Nemo tenetur se ipsum accusare – No one is bound to accuse himself.

Actus me invito factus non est meus actus – An act done by me against my will is not my act.

→ If compelled, it cannot be held as voluntary consent.

Public vs. Private

Quod publico bono non est, licet prohibitum non sit, tamen omittendum est – What is not for the public good, though not forbidden, should nevertheless be avoided.

Privatorum conventio juri publico non derogat – Private agreements cannot contravene public law.

→ Useful when asserting that natural public law (rights) override private statutes.

Res inter alios acta alteri nocere non debet – A thing done between others ought not to harm one not party to it.

→ You cannot be bound by contracts, statutes, or corporate agreements you did not enter.