Legal Maxims Quotes

He’d turned the Melbourne Bratva into a legal multi-million-dollar conglomerate, and he had no intentions of looking back.

The value of a thing is what that thing will bring. -Legal Maxim

It is a maxim among these lawyers, that whatever hath been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind. These, under the name of precedents, they produce as authorities, to justify the most iniquitous opinions; and the judges never fail of decreeing accordingly.

You're not a lawyer. You're someone who helps people deal with legal matters. You're not a doctor. You're a fellow who saves people's lives or gives them the right advice to improve their health. Add a verb to your identity – it keeps you sane; not a pompous noun – which may only boost your ego; it may distract you from your purpose, from the actions you need to take. Your job is to do something, not to be something.

Consequently he himself perceived that a knowledge of mankind would have availed him more than all the legal refinements and philosophical maxims in the world could do.

I mean, to talk about "corporate greed" is like talking about "military weapons" or something like that―there just is no other possibility. A corporation is something that is trying to maximize power and profit: that's what it is. There is no "phenomenon" of corporate greed, and we shouldn't mislead people into thinking there is. It's like talking about "robber's greed" or something like that―it's not a meaningful thing, it's misleading. A corporation's purpose is to maximize profit and market share and return to investors, and all that kind of stuff, and if its officers don't pursue that goal, for one thing they are legally liable for not pursuing it. There I agree with Milton Friedman [right-wing economist] and those guys: if you're a C.E.O., you must do that―otherwise you're in dereliction of duty, in fact dereliction of duty. And besides that, if you don't do it, you'll get kicked out by the shareholders or the Board of Directors, and you won't be there very long anyway.

Nowhere in the world are firms legally required to maximize investor returns.

If one set out deliberately to fashion a legal system designed to maximize and sustain the wealth of international drug criminals and their abettors, one could never dream up anything to improve upon the present one—except,

Sir James Fergusson MP presided over a Highway Protection League meeting at the Westminster Palace Hotel in London in 1905, where delegates were told “the reckless conduct” of some motorists amounted to “tyranny on the highways” which was “shameful.” Motorists were getting away with murder, the meeting heard: “The old legal maxim that if a man fired a gun into a street and killed a person without meaning to do so he was guilty of murder, should be applied to motor drivers who recklessly [rode] down inoffensive people.

So the Nixon White House laid out the path to electoral success by maximizing white grievance and suppressing the African American vote through a combination of manipulation, lies, and legal challenges. It was this road that the Republican Party took to the Trump White House.

Under conditions of extreme deprivation people will continue to grow crops that promise economic relief, and they will continue to trade in those crops and their products. The ultimate beneficiaries are neither the impoverished Afghan or Columbian peasant nor the street-corner pusher in the U.S. ghetto or on Vancouver’s skid row. The illegality of mind-altering substances enriches drug cartels, crime syndicates, and their corrupt enablers among politicians, government officials, judges, lawyers, and police officers around the world. If one set out deliberately to fashion a legal system designed to maximize and sustain the wealth of international drug criminals and their abettors, one could never dream up anything to improve upon the present one—except, perhaps, to add tobacco to the list of contraband substances. That way the traffickers and their allies could profit even more, although it’s unimaginable that their legally respectable counterparts—tax-hungry governments and the nicotine pushers in tobacco company boardrooms—would ever allow that to happen.

In the Negev in Israel, Israeli authorities have refused to legally recognize 35 Palestinian Bedouin communities, making it impossible for their 90,000 or so residents to live lawfully in the communities they have lived in for decades. Instead, authorities have sought to concentrate Bedouin communities in larger recognized townships in order, as expressed in governmental plans and statements by officials, to maximize the land available for Jewish communities. Israeli law considers all buildings in these unrecognized villages to be illegal, and authorities have refused to connect most to the national electricity or water grids or to provide even basic infrastructure such as paved roads or sewage systems. The communities do not appear on official maps, most have no educational facilities, and residents live under constant threat of having their homes demolished. Israeli authorities demolished more than 10,000 Bedouin homes in the Negev between 2013 and 2019, according to government data. They razed one unrecognized village that challenged the expropriation of its lands, al-Araqib, 185 times.

I’m not suggesting anyone has acted illegally. To the contrary: CEOs believe they are supposed to maximize shareholder returns, and one means of accomplishing that goal is to play the political game as well as it possibly can be played and field the largest and best legal and lobbying teams available. Trade associations see their role as representing the best interests of their corporate members, which requires lobbying ferociously, raising as much money as possible for political campaigns of pliant lawmakers, and even offering jobs to former government officials. Public officials, for their part, perceive their responsibility as acting in the public interest. But the public interest is often understood as emerging from a consensus of the organized interests appearing before them. The larger and wealthier the organization, the better equipped its lawyers and its experts are to assert what’s good for the public. Any official who once worked for such an organization, or who suspects he may work for one in the future, is prone to find such arguments especially persuasive. Inside the mechanism of the “free market,” the economic and political power of the new monopolies feed off and enlarge each other.

The hadith, insofar as they addressed issues not dealt with in the Quran, would become an indispensable tool in the formation of Islamic law. However, in their earliest stages, the hadith were muddled and totally unregulated, making their authentication almost impossible. Worse, as the first generation of Companions passed on, the community had to rely increasingly on the reports that the second generation of Muslims (known as the Tabiun) had received from the first; when the second generation died, the community was yet another step removed from the actual words and deeds of the Prophet. Thus, with each successive generation, the “chain of transmission,” or isnad, that was supposed to authenticate the hadith grew longer and more convoluted, so that in less than two centuries after Muhammad’s death, there were already some seven hundred thousand hadith being circulated throughout the Muslim lands, the great majority of which were unquestionably fabricated by individuals who sought to legitimize their own particular beliefs and practices by connecting them with the Prophet. After a few generations, almost anything could be given the status of hadith if one simply claimed to trace its transmission back to Muhammad. In fact, the Hungarian scholar Ignaz Goldziher has documented numerous hadith the transmitters of which claimed were derived from Muhammad but which were in reality verses from the Torah and Gospels, bits of rabbinic sayings, ancient Persian maxims, passages of Greek philosophy, Indian proverbs, and even an almost word-for-word reproduction of the Lord’s Prayer. By the ninth century, when Islamic law was being fashioned, there were so many false hadith circulating through the community that Muslim legal scholars somewhat whimsically classified them into two categories: lies told for material gain and lies told for ideological advantage. In

But you must remember that arbitrary power is like most other things which are very hard, very liable to be broken; and, notwithstanding all your wise laws and maxims, we have it in our power, not only to free ourselves, but to subdue our masters, and, without violence, throw both your natural and legal authority at our feet;—

The fact that law schools have played a key role in creating and perpetuating a legal system which at the same time features a massive oversupply of lawyers, and a scandalous lack of access to legal services.

[A} maxim's legal character must be intrinsic: it must have what I shall call 'lawlike form.' this is why legal character, or universality, must be understood as lawlike form, that is, as a requirement of universalizability.

Publicly traded corporations, including Facebook, are legally required to maximize shareholder value, and while some CEOs define value expansively, most focus on the bottom line.

The rate of unemployment for documented-immigrants, during the year 2018, was 3.5%, while the rate of unemployment for American workers was 4% (Bureau of Labor & Statistics, May 16, 2019). This showed that the proportion of American workers and (legal) immigrants, who were unemployed in 2018, was still roughly equal. It indicates clearly that there are other factors to consider in the debate of job displacement—lawbreaker employers and their apocalyptical strategies to minimize costs and maximize profits.

Zinn chose not to include such information, but instead limited his discussion to earlier centuries of the Atlantic slave trade. He does admit that slaves were captured “in the interior” of Africa—frequently by blacks. Yet the African slave traders are absolved of responsibility. They were “caught up in the [Atlantic] slave trade themselves.”32 And yet, Bernard Lewis quotes a ninth century writer who observed that “the black kings sell blacks without pretext and without war.”33 Far from being hapless victims lured into a new kind of commerce, the Africans’ legal system actually “fueled the Atlantic slave trade,” according to Boston University professor John Kelly Thornton in Africa and Africans in the Making of the Atlantic World, 1400–1680, published by Cambridge University Press.34 And while slaves in America and Europe “typically had difficult, demanding, and degrading work, and they were often mistreated by exploitative masters who were anxious to maximize profits,” in Africa a slave could be arbitrarily sacrificed on an altar.35

Lincoln found the clearest statement of that spirit in the Declaration of Independence, with its claim for the self-evident truth that “all men are created equal.” Lincoln’s interpretation of the phrase became the centerpiece of his narrative about the nation. The Founders, Lincoln said, in adopting the Declaration, did not declare that all people were at that time living in a state of equality. To say so would have been absurd, given not only the widespread bondage of black people but the restricted suffrage of many whites and the legal inequality of women. Nor did the Founders declare that they intended to secure complete equality in their lifetimes. The spirit of the Declaration, Lincoln said, was meant to be realized—to the greatest extent possible—by each succeeding generation. The Founders cast off despotism and created the framework for a free republic, invoking, as they did, not arguments of mere self-interest but the ideal of natural, universal, God-given rights. “They meant to set up a standard maxim for free society,” Lincoln said, “which should be familiar to all, and revered by all; constantly looked to, constantly labored for . . . even though never perfectly attained.

My patriotism is both exclusive and inclusive. It is exclusive in the sense that in all humility I confine my attention to the land of my birth, but it is inclusive in the sense that my service is not of a competitive or antagonistic nature. Sic utere tuo ut alienum non la is not merely a legal maxim, but it is a grand doctrine of life. It is the key to a proper practice of Ahimsa or love. It is for you, the custodians of a great faith, to set the fashion and show, by your preaching, sanctified by practice, that patriotism based on hatred "killeth" and that patriotism based on love "giveth life.

One of the benefits of real estate investments is that the real estate loopholes generally give you more deductions than you receive in cash flow. The best write-off of all is depreciation, which you can maximize to create paper losses. However, if your income is more than $150,000 per year, you cannot use those paper losses as deductions against your other income to reduce your taxes. That’s the spot Jean had been in.

So they crafted a clever solution… one that already existed, actually. Counterintuitively, it was actually the legal mandate to maximize shareholder value. To protect against corporations becoming behemoth monsters, corporations needed to be restricted to their purposes.

First, as I will explore in this book, our preferences—the things we buy, the places we choose to live—do not always maximize our happiness in the long run. Second, sprawl, as an urban form, was laid out, massively subsidized, and legally mandated long before anyone actually decided to buy a house there. It is as much the result of zoning, legislation, and lobbying as a crowded city block. It did not occur naturally. It was designed.

Crucially, most of the existing Harrah’s debt did not have to be refinanced. Because it was not secured by any collateral, suddenly Harrah’s could issue senior debt backed by the company’s assets. It would do so in the LBO deal, pushing $4.5 billion of existing debt to the bottom of the totem pole in a $25 billion debt stack. This was cruel. Those existing unsecured bonds crashed in price as they were last in line to be repaid. But the maneuver allowed Apollo and TPG to issue new debt more cheaply. And it illustrated one of the key legal principles that would echo through this case: Debtholders’ relationship with the company remains strictly contractual. Any rights they have must be bargained for and embedded in documents. The management and board of a company, in contrast, have fiduciary duties which dictate that they maximize shareholder value.

A business that thinks beyond 'profit making' and 'profit maximization' by incorporating corporate ethics and contributes to the society at large, through its well defined corporate social responsibilty policy, is the one that will withstand the test of time and meet sustainable growth in the market. I believe its curve will never grow flat for a good number of years and may only meet merger or acquisitions but rarely a winding up.

Two legal maxims often helped guide their opinions: salus populi suprema lex est (“the welfare of the people is the supreme law”) and sic utere tuo (“so use your right that you injure not the rights of others”).

The maxims are, first, that the individual is not accountable to society for his actions, in so far as these concern the interests of no person but himself. Advice, instruction, persuasion, and avoidance by other people if thought necessary by them for their own good, are the only measures by which society can justifiably express its dislike or disapprobation of his conduct. Secondly, that for such actions as are prejudicial to the interests of others, the individual is accountable, and may be subjected either to social or to legal punishments, if society is of opinion that the one or the other is requisite for its protection.