Commencing with rules founded on public policy, we may note the famous
principle--_Salus populi suprema lex_ (xii. Tables: Bacon, _Maxims_,
reg. 12)--"the public welfare is the highest law." It is on this maxim
that the coercive action of the State towards individual liberty in a
hundred matters is based. To the same category belong the
maxims--_Summa ratio est quae pro religione facit_ (Co. _Litt._ 341
a)--"the best rule is that which advances religion"--a maxim which
finds its application when the enforcement of foreign laws or
judgments supposed to violate our own laws or the principles of
natural justice is in question; and _Dies dominicus non est
juridicus_, which exempts Sunday from the lawful days for juridical
acts. Among the maxims relating to the crown, the most important are
_Rex non potest peccare_ (2 Rolle R. 304)--"The King can do no
wrong"--which enshrines the principle of ministerial responsibility,
and _Nullum tempus occurrit regi_ (2 Co. Inst. 273)--"lapse of time
does not bar the crown," a maxim qualified by various enactments in
modern times. Passing to the judicial office and the administration of
justice, we may refer to the rules--_Audi alteram partem_--a
proposition too familiar to need either translation or comment; _Nemo
debet esse judex in propriâ suâ causâ_ (12 Co. _Rep._ 114)--"no man
ought to be judge in his own cause"--a maxim which French law, and the
legal systems based upon or allied to it, have embodied in an
elaborate network of rules for judicial challenge; and the maxim which
defines the relative functions of judge and jury, _Ad quaestionem
facti non respondent judices, ad quaestionem legis non respondent
juratores_ (8 Co. _Rep._ 155). The maxim _Boni judicis est ampliare
jurisdictionem_ (Ch. Prec. 329) is certainly erroneous as it stands,
as a judge has no right to "extend his jurisdiction." If _justitiam_
is substituted for _jurisdictionem_, as Lord Mansfield said it should
be (1 Burr. 304), the maxim is near the truth. A group of maxims
supposed to embody certain fundamental principles of legal right and
obligations may next be referred to: (a) _Ubi jus ibi remedium_ (see
Co. _Litt._ 197 b)--a maxim to which the evolution of the flexible
"action on the case," by which wrongs unknown to the "original writs"
were dealt with, was historically due, but which must be taken with
the gloss _Damnum absque injuria_--"there are forms of actual damage
which do not constitute legal injury" for which the law supplies no
remedy; (b) _Actus Dei nemini facit injuriam_ (2 Blackstone, 122)--and
its allied maxim, _Lex non cogit ad impossibilia_ (Co. _Litt._ 231
b)--on which the whole doctrine of _vis major_ (_force majeure_) and
impossible conditions in the law of contract has been built up. In
this category may also be classed _Volenti non fit injuria_ (Wingate,
_Maxims_), out of which sprang the theory--now profoundly modified by
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