OMNE

3 definitions found across Law Mind sources

OMNEAuthored
The Law Mind • 808 words
Definition
A Latin term meaning "every," "everything," or "all." In legal usage, omne functions primarily as a component of Latin maxims and doctrinal phrases rather than as a standalone legal term. Its significance lies in the absolute, exception-free character it imparts to any proposition in which it appears. When a legal maxim begins with or incorporates omne, the term signals a universal claim — one that, by its grammatical structure, admits no qualification or exclusion. The phrase qui omne dicit nihil excipit — "he who says everything excepts nothing" — captures the operative logic. A statement framed in omne language is understood to sweep comprehensively, and courts and commentators have historically invoked this principle both to enforce broad legal propositions and to caution against overapplying maxims that carry the word.
Common Confusion
The universality signaled by omne in Latin legal maxims has long invited criticism. Because the word excludes all exception by grammatical force, maxims built on it can appear more absolute than their practical application warrants. Burrill notes that the use of omne in law maxims "has been sometimes thought to give them an undue generality." Researchers should be alert to this tension: a maxim containing omne is not necessarily applied literally in the cases that cite it. Courts frequently treat such maxims as presumptive guides rather than ironclad rules, and the very breadth that omne supplies is often the reason a maxim is distinguished, limited, or declined.
Why It Matters in Research
Omne is not a cause of action, a procedural term, or a substantive doctrine. Its research value is almost entirely contextual: it is the key that unlocks how Latin maxims function structurally in older legal argument and judicial opinion. Researchers working in pre-twentieth-century common law materials — especially English equity, ecclesiastical law, and early American case law — will encounter omne frequently in maxim citations. Understanding that omne signals a universal claim helps parse the logical structure of the argument being made. When an advocate or court invokes a maxim with omne, they are asserting a principle that tolerates no exception on its face; when the opposing argument distinguishes the case, they are implicitly contesting whether the universal claim actually applies. The term also has corpus-navigation utility. In Law Mind sources, omne often appears as an index point for clusters of related maxims. The maxims listed under omne in Burrill and similar dictionaries — such as omne actum ab intentione agentis est judicandum ("every act is to be judged by the intention of the doer") — are themselves substantive legal principles worth tracing independently. A researcher who encounters an unfamiliar omne maxim in a historical opinion can often locate its full form and historical commentary by checking Burrill's enumeration. One trap in historical sources: Rapalje & Lawrence's entry under this headword as catalogued here contains text concerning English charity official appointments that appears to be a cataloguing artifact — the substance of that passage belongs under a different headword entirely and does not bear on the meaning of omne. Researchers should not read Rapalje & Lawrence as treating omne in connection with charity commissioners or corporate appointment.
Historical Dictionary Support
Burrill's Law Dictionary provides the most useful treatment. Burrill defines omne as "every thing; every; all" and identifies it as "a word which is said to exclude all exception," grounding that characterization in the maxim qui omne dicit nihil excipit. Burrill then flags the doctrinal caution — that the term's employment in maxims can lend them "undue generality" — which is a genuinely instructive observation for any researcher reading those maxims at face value. Burrill also begins an enumeration of omne maxims (the entry as preserved in the Law Mind corpus is truncated), including omne actum ab intentione agentis est judicandum, attributed to Branch's Principia. This cataloguing function — using omne as a headword to gather related maxims alphabetically — was standard practice in nineteenth-century law dictionaries and explains why researchers find substantive doctrine under what appears to be a purely grammatical entry. Rapalje & Lawrence's entry, as noted above, does not appear to address omne substantively in the preserved text. Researchers should not draw negative inferences from this gap; it likely reflects an indexing discontinuity in the digitized source rather than a deliberate omission.
Related Terms
Omnis — variant form; functionally identical in Latin legal maxims Omne majus continet in se minus — related maxim ("the greater contains the lesser") Omne actum ab intentione agentis est judicandum — key omne maxim on intent Maxim — parent concept; the primary context in which omne appears in legal sources Expressio unius est exclusio alterius — contrasting canon of construction; where omne expandsthis principle restricts Qui omne dicit nihil excipit — the definitional maxim for omne itself Latin maxims — broader research category encompassing all omne phrases
OMNEmain
Rapalje & Lawrence • 1883
(898) charity may be vested, in England, (either voluntarily or by order of the court,) for the purpose of security or convenient administration. They are appointed by the lord chancellor, jointly with the secretary to the charity commissioners, and form a corporation. Stats. 16 and 17 Vict. c. 137, § 51 et seq.; 18 and 19 Vict. c. 124, § 17.
OMNEmain
Burrill's Law Dictionary • 1870
Lat. Every thing; every; all. A word which is said to exclude all exception. Qui omne dicit nihil excipit. He who says "every thing" excepts nothing. Hence its employment in law maxims, (see infra,) has been sometimes thought to give them an undue generality. Omne actum ab intentione agentis est judicandum. Every act is to be judged by the intention of the doer. Branch's Pr. Omne crimen ebrietas et incendit et detegit. Drunkenness both inflames (or aggravates) and reveals every crime. Co. Litt. 247 a, 4 Bl. Com. 26. Broom's Max. [14.] Omne jus aut consensus fecit, aut necessitas constituit, aut firmavit consuetudo. All right either consent has created, or necessity established, or custom confirmed, [has either been created by consent, or established by necessity, or confirmed by custom.] Dig. 1. 3. 40. Omne magis dignum trahit ad se minus dignum, quamvis minus dignum sit antiquius. Every worthier thing draws to it the less worthy, though the less worthy be the more ancient. Co. Litt. 355 b. See Finch's Law, b. 1, c. 3, n. 24. Omne magnum exemplum habet aliquid ex iniquo, quod publica utilitate compensatur.

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