561
The Classification of Law The says:
Supreme Court of Maryland
It must be borne in mind that every law is presumed to have been enacted with refer ence to certain immutable principles of justice which lie at the foundation of every system of jurisprudence."
The great or fundamental principles are the same as the precepts of the Roman Law, the doctrines and maxims of our law. They are analogous to to axioms in logic, the creeds in the ology and constitute, as it were, the
creed of the social organism, e.g.: “All
men are equal before the law,” with its corollary, “Consent is the just basis of government," “Liberty is freedom
relation to other persons and to things.
They do not necessarily create, but they define, permit, command or pro
hibit. Before rules of law can be practically applied they must be given definite form and expression, in fact they are not
entitled to the name law or rule until they have become fixed and definite.
Their origin may be in habitual use and custom, based on reason or policy, and many of them have no other antecedent; but before they can range themselves
within the pale of positive law or "due process" they must become so certain and definite as to be knowable and assume a. form so understandable that
regulated and secured by law,” “There
individuals, lawyers and officials may
is no right without a remedy.” All the great maxims are modes of ex
know and observe them. The above may be illustrated by taking a work such as Broom's Maxims and observing the variety of fields or subjects in which each of the maxims has application and how many rules flow from a single maxim or principle. For example: “No one shall act where
pressing principles. Their application is never specific and to a single object.
They are always general and wide in their application and, therefore, they may without tautology be repeated whenever they apply. They are, com paratively speaking (that is as com pared with specific rules), very few in number. Legislation, judicial action, and official conduct must not go counter to them, private rights exist in accord
ance with them and individuals must observe them. Laws, or, as Thibaut says, "all laws” (speaking here not of “the law," that is, the integral body embracing all of the elements, but of rules of law)
are definitely expressed specific direc tions or declarations as to a single subject. Each and every rule is a
his interest or his integrity is in con flict.” This applies to every officer of the government, legislative, executive and judicial. It applies to private relations of trust, confidence and em ployment; and therefore pervades the
whole system of law and must be re peated or referred or implied in the treatment of every specific subject to
which it applies. A rule, on the contrary, applies directly to but one subject.
Right here confusion is likely to arise in speaking of classifying statute law, for a single section in a statute may relate to several subjects and involve
concrete, definite expression applying to a specified and certain object, in
several rules."
dicating how persons must govern their
clause of a section may have a double
actions in relation thereto. These rules
operation. It must have its direct or principal object, but it may also relate indirectly to or upon other things
define the rights, duties and obligations of all persons under all conditions of 10 Levering v. Levering, 64 Md. 399.
Almost every section or
‘7 See Markby’s Confusion, infra pp. 567-8.
