Mwanje Gideon
Black’s law dictionary defines a maxim as a traditional legal principle that has been frozen into a concise expression.
Perhaps many scholars have intolerably used various Latin maxims to prove a principle. However, the spirit of a law student has always been in grinding and uttering the unequivocal Latin maxims. These maxims at most law schools like Nkumba university law school are the order of the day, the modus operandi. They are taken to be a letter of the intellectuals and often used in arguments by credible students.
Legal maxims are basically established principles of Law that are universally admitted, and people in the legal field are very well aware of these words. They are mostly Latin words or a combination of a few Latin words. Common Law based on such principles in Latin to proclaim a principle. There over a thousand maxims but there those that should be on finger tips of any law scholar.
For starters, you ought to befriend such maxims to avoid confusion during law lectures, some time novices at law school get perturbed by the Latin words they encounter not only in lecture rooms but also in the notes.
Such maxims ought to be treated with a lot of gingerly; as most of them contradict each other henceforth others support the same. You’ll agree with me that Law has a language entirely of its own, which is filled with Latin words that I believe will be prima facie unfamiliar to you.
Be that as it may, they must be construed mutatis mutandis with the national legislation. It is important to learn these legal terms because not only will you need to understand key Latin phrases during your time in law school, but also you will encounter these terms throughout your legal career. No Law student or novice at law school should feel out of place for not knowing the common Latin expressions used in Law. I bring to you most of them with their legal implications in Uganda. Ugandan Law just like English law is tremendously a replete batched with Latin doctrines.
The following are some common Latin maxims that any law student would wish to use in an essay, examination, moots, court room or even in a legal argument to bring out clearly his/her principle or point of Law.
Accessorium non ducit, Sed sequitur, Suum principale– this literally will mean that an accessory does not lead, but follows, its principal. It can be used in areas of criminal Law to expound more on the accessory before the fact and after the fact. It always understood that there is a principal to give a lead to an accessory. Under our legislation an accessory after the fact is provided under section 393 of the Penal Code cap 120, laws of Uganda.
It is further said that Accessorius sequitor naturam sui principalis which means an accessory follows the nature of his principal. However we always argue this maxim in line with cujus juris est principale, ejusdem juris erit accessorium– which means an accessory matter is subject to the same jurisdiction as its principal.
Actio non facit reum, nisi mens sit rea– you’ll all agree with me that any law student or lawyer who does not understand this maxim is in contempt to stand in front of a criminal c