Brocard (law) in the context of "Legal maxim"

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⭐ Core Definition: Brocard (law)

A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome.

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Brocard (law) in the context of Aphorisms

An aphorism (from Greek ἀφορισμός: aphorismos, denoting 'delimitation', 'distinction', and 'definition') is a concise, terse, laconic, or memorable expression of a general truth or principle. Aphorisms are often handed down by tradition from generation to generation.

The concept is generally distinct from those of an adage, brocard, chiasmus, epigram, maxim (legal or philosophical), principle, proverb, and saying; although some of these concepts could be construed as types of aphorism.

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Brocard (law) in the context of Pacta sunt servanda

Pacta sunt servanda ("agreements must be kept") is a brocard and a fundamental principle of law which holds that treaties or contracts are binding upon the parties that entered into the treaty or contract. It is customary international law. According to Hans Wehberg, a professor of international law, "few rules for the ordering of Society have such a deep moral and religious influence" as this principle.

In its most common sense, the principle refers to private contracts and prescribes that the provisions, i.e. clauses, of a contract are law between the parties to the contract, and therefore implies that neglect of their respective obligations is a violation of the contract. The first known expression of the brocard is in the writings of the canonist Cardinal Hostiensis from the 13th century AD, which were published in the 16th.

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Brocard (law) in the context of Saying

A saying is any concise expression that is especially memorable because of its meaning or style. A saying often shows a wisdom or cultural standard, having different meanings than just the words themselves. Sayings are categorized as follows:

  • Aphorism: a general, observational truth; "a pithy expression of wisdom or truth".
    • Proverb, adage or saw: a widely known or popular aphorism that has gained credibility by long use or tradition.
    • Apothegm/Apophthegm: "an edgy, more cynical aphorism; such as, 'Men are generally more careful of the breed of their horses and dogs than of their children.'"
  • Axiom: a proposition that commends itself to general acceptance; a well-established or universally conceded principle; a maxim, rule, or law.
  • Cliché or bromide: an unoriginal and overused saying.
    • Platitude: a cliché that is unsuccessfully presented as though it were meaningful, original, or effective.
  • Epigram: a clever and often poetic written saying that comments on a specific person, idea, or thing; it especially denominates such a saying that is conspicuously put at the beginning of a text.
  • Epitaph: a saying in honor of a decedent, often engraved on a headstone or plaque.
  • Epithet: a descriptive word or saying already widely associated with a specific person, idea, or thing.
  • Idiom or phraseme: a saying that has only a non-literal interpretation; "an expression whose meaning can't be derived simply by hearing it, such as 'kick the bucket.'"
    • Four-character idiom:
  • Mantra: a religious, mystical, or other spiritual saying that is repeated, for example, in meditation.
  • Maxim: (1) an instructional expression of a general principle or rule of morality or (2) simply a synonym for "aphorism"; they include:
  • Motto: a saying used frequently by a person or group to summarize its general mission.
    • Credo: a motto implicitly or explicitly extended to express a larger belief system.
    • Slogan: a motto with the goal of persuading.
  • Quip: a clever or humorous saying based on an observation.
  • Witticism: a saying that is clever and usually humorous and that is notable for its form or style just as much as, or more than, its meaning.
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Brocard (law) in the context of Nemo iudex in causa sua

Nemo judex in causa sua (IPA: [ˈne.mo ˈju.dɛks in ˈkau̯.sa ˈsua]; also written as nemo [est] judex in sua causa, in propria causa, in re sua or in parte sua) is a Latin brocard that translates as "no one is judge in his own case". Originating from Roman law, it was crystallized into a phrase by Edward Coke in the 17th century and is now widely regarded as a fundamental tenet of natural justice and constitutionalism. It states that no one can judge a case in which they have an interest. In some jurisdictions, the principle is strictly enforced to avoid any appearance of bias, even when there is none: as Lord Chief Justice Hewart laid down in Rex v. Sussex Justices, "Justice must not only be done, but must also be seen to be done".

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