App.2d 16, 286 P.2d 899 (1955), wherein the court stated that section 946, Cal.Civ.Code, was not merely a maxim of law, but a part of the conflict of laws.
If no officials have tried to get the person to speak, he evidently has a duty to incriminate himself, because the reporting of crime is a civic duty and the Fifth Amendment is not applicable since the decision to speak or remain silent is, at that time, "voluntary". See ante, at 244. settled maxim of law that no man is bound to criminate himself").
The words "Equal Justice Under Law" adorn the U.S. Supreme Court building and all too often in recent years the U.S. Supreme Court has permitted conflicts within the circuits to go unresolved permitting federal rights to differ depending upon which Circuit Court of Appeal covered your state, thus undermining this maxim of law for the American people.
Hence, were we to adopt the same line of argument, we could conclude that the stronger a despotic power, the larger the spectrum of maxims that may pass the publicity test, a conclusion that Kant implicitly endorses in the case of maxims of international law.[14] The rebellion example illustrates the difficulty involved in moving from the hypothetical test to real life situations.
It is an accepted maxim of international law that every sovereign nation has the power, as inherent in sovereignty, and essential to self-preservation, to forbid the entrance of foreigners within its dominions, or to admit them only in such cases and upon such conditions as it may see fit to prescribe.
It is also a maxim of constitutional law that a legislature is presumed to have acted within constitutional limits, upon full knowledge of the facts, and with the purpose of promoting the interests of the people as a whole, and courts will not lightly hold that an act duly passed by the legislature was one in the enactment of which it has transcended its power.
the maxim of the law, de minimis non curat.
And this maxim of the law proceeded upon a general principle, that every man owes natural allegiance where he is born, and cannot owe two such allegiances, or serve two masters, at once.
It is also a maxim of English law, having been established as such within a few decades of Blackstone's work being published.
The English lawyer and philosopher Francis Bacon (1561 1626) composed a collection of maxims of the common law in Latin with an elaborate English commentary on each; and the writings of the English jurist Sir Edward Coke (1552 1634) were replete with similar Latin aphorisms, some borrowed from Roman law, others invented.
Much more general in scope than ordinary rules of law, legal maxims commonly formulate a legal policy or ideal that judges are supposed to consider in deciding cases.
