B. Principles on the Enforcement of Justice and Procedure

  • Fiat Justitia Ruat Caelum: "Let justice be done, though the heavens fall." The principle of steadfastness in upholding the supremacy of justice without compromise.

  • Audi et Alteram Partem (or Audiatur et Altera Pars): "Listen to the other side as well." A main pillar of fair legal process (due process of law), which requires judges to hear arguments from both sides before making a decision.

  • Nemo Judex Idoneus in Propria Causa: "No one can be a proper judge in their own case." The principle of impartiality and prohibition of conflicts of interest to guarantee judicial objectivity.

  • Presumption of Innocence: Rooted in Ei Incumbit Probatio Qui Dicit, Non Qui Negat (The burden of proof lies on the accuser). Protects the dignity of individuals from state arbitrariness.

C. Principles in Private Law (Civil and Contract)

  • Pacta Sunt Servanda: "Every agreement must be obeyed." The heart of contract law (Article 1338 of the Civil Code) and international law (Vienna Convention 1969 on the Law of Treaties).

  • Cujus Est Dominium, Ejus Est Periculum: "The risk of ownership is borne by the owner." A basic principle in property law regarding who bears the risk for an item.

  • Bona Fides (Good Faith): Although more of a principle, it is often expressed in the context that all legal actions must be based on honesty and good intentions.

D. Principles of Interpretation and Application of Law

  • Lex Specialis Derogat Legi Generali: "A specific rule of law overrides a general rule of law."

  • Lex Superior Derogat Legi Inferiori: "A higher rule of law overrides a lower rule of law."

  • Lex Posterior Derogat Legi Priori: "A new rule of law overrides an old rule of law." All three are fundamental principles for resolving conflicts between regulations (lex scripta).

  • Lex Dura, Sed Tamen Scripta: "The law is harsh, but it is written." A representation of the positivism flow that prioritizes legal certainty above all else.

  • Ignorantia Juris Non Excusat: "Ignorance of the law is not an excuse." Everyone is considered to know the law after the regulations are enacted.

Dialectics and Challenges in the Application of Adages

A mature jurist understands that adages are not magic spells that can be applied blindly. Often, there is a dialectic or conflict between one adage and another. This is where the art of jurisprudence lies (ars aequi et boni).

  • Dialectic of Justice vs. Certainty: Fiat Justitia Ruat Caelum (let justice be done though the heavens fall) often faces Lex Dura, Sed Tamen Scripta (the written law is harsh). Judges must weigh when to prioritize substantive justice and when to submit to legal certainty.

  • Dialectic of Absolute Justice vs. Utility: Application of Fiat Justitia which is too rigid can lead to Summum Ius, Summa Iniuria ("The highest justice can become the highest injustice"). This requires judges not only to be "mouthpieces of the law" (bouche de la loi) but also to use discretion to see the impact and benefits of their decisions.

Legal wisdom does not lie in the ability to memorize adages, but in the ability to choose and reconcile the adages that are most relevant to the context of the case. in concreto.

From its roots in ancient Rome, through the preservation of medieval scholars, to its irreplaceable role in modern courtrooms, legal adages prove themselves to be a timeless symphony of wisdom. It is a bridge between text and context, between rule and justice, between past and future.

For those of us involved in the legal world, adages are a constant reminder that law is more than just a profession; it is an art and a calling to organize civilization. By understanding it comprehensively, we not only become better legal technicians, but also become wiser guardians of wisdom.