Legal Maxims Part 14

1. Fiat Justitia Ruat Caelum

Meaning: Let justice be done, though the heavens may fall.

Explanation: This maxim upholds the principle that justice should be served at any cost, regardless of the consequences. It emphasizes that courts and legal institutions must ensure fairness and impartiality, even if the decision leads to social, political, or economic turmoil. The rule of law must be upheld under all circumstances, and no external pressure—whether from powerful individuals, government entities, or public sentiment—should influence judicial decisions.

Example: A judge convicts a highly influential business tycoon for fraud despite significant public and political pressure to acquit him. Even though the decision leads to economic instability and backlash, the court remains committed to justice, ensuring that the powerful are held accountable.

2. Commodum Ex Injuria Sua Nemo Habere Debet

Meaning: No one should benefit from their own wrongdoing.

Explanation: This legal principle prevents individuals from gaining advantages through illegal or unethical acts. It is commonly applied in contract law, insurance claims, and property disputes to ensure that no one can exploit the legal system for his benefit if he has engaged in misconduct. Courts use this principle to deny claims arising from fraud, negligence, or illegal behaviour.

Example: A homeowner deliberately sets fire to his own house to claim insurance money. However, when the insurance company discovers the fraud, it refuses to pay the claim, citing that the homeowner cannot benefit from his own illegal act.

3. Lex Talionis

Meaning: The law of retaliation (an eye for an eye, a tooth for a tooth).

Explanation: This maxim represents the principle of retributive justice, which means that a punishment should be proportionate to the crime committed. While it is often associated with historical or religious laws, modern legal systems still use the concept in determining fair punishment for serious crimes. It ensures that criminals receive consequences that reflect the severity of their actions.

Example: A country imposes the death penalty for premeditated murder, ensuring that the punishment is equal to the crime committed. The rationale behind this is that the criminal’s actions resulted in the loss of a life, and therefore, the law requires an equivalent penalty.

4. Qui Facit Per Alium Facit Per Se

Meaning: He who acts through another acts himself.

Explanation: This maxim establishes the doctrine of vicarious liability, where a person is held responsible for the wrongful acts of another, especially when he has instructed or authorized such acts. It is widely applied in employment law and corporate liability to hold employers accountable for the actions of their employees carried out during the course of their duties.

Example: A company orders its factory workers to dispose of hazardous chemical waste in a nearby river to cut costs. When environmental authorities discover the pollution, the company’s owner is held legally responsible, even though the workers physically carried out the act.

5. Jus Necessitatis

Meaning: The law of necessity.

Explanation: This principle recognizes that in extreme situations, certain illegal actions may be excused if they are taken to prevent a greater harm. While the law does not generally permit breaking the rules, it acknowledges that in cases of emergency or survival, a person may be compelled to act unlawfully. However, necessity does not provide an absolute defense and must be justified based on circumstances.Example: A man stranded in a snowstorm breaks into a cabin to take shelter and survive. Though breaking and entering is illegal, the law may excuse his actions because it was necessary to save his life.