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" ... sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land ; not delegated to pronounce a new law, but to maintain and expound the old one. "
Abridgment of Blackstone's Commentaries - Seite 10
von William Blackstone, William Cyrus Sprague - 1893 - 533 Seiten
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Antitrust Law: Economic Theory and Common Law Evolution

Keith N. Hylton - 2003 - 413 Seiten
...established rule to abide by former precedents, where the same points come again in litigation; . . . Yet this rule admits of exception, where the former...determination is most evidently contrary to reason. . . . For if it be found that the former decision is manifestly absurd or unjust, it is declared, not...
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The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial ...

Paul O. Carrese - 2010 - 349 Seiten
...Alschuler notes, however, that the Court omitted the sequel to Blackstone's statement that judges are not to "pronounce a new law, but to maintain and expound the old one," thereby missing the dialectal, complex character of his analysis: Yet this rule admits of exception,...
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The Consciousness of the Litigator

Duffy Graham - 2009 - 152 Seiten
...determine, not according to his own private judgement, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one.4 If a prior judicial decision is "most evidently contrary to reason" or "clearly contrary to the...
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The Elements of Jurisprudence

Thomas Erskine Holland - 2006 - 384 Seiten
...there are two theories. According to the old English view, as stated by Blackstone, the judges are 'not delegated to pronounce a new law, but to maintain and expound the old one22.' They *58 are the depositaries of a body of *customary principles which have only to be applied...
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Dismantling American Common Law: Liberty and Justice in Our Transformed Courts

Kyle Scott - 2007 - 169 Seiten
...with reason Blackstone writes that the rule of precedent may be violated if the precedent is a bad one. Yet this rule admits of exception, where the...most evidently contrary to reason; much more if it be contrary to divine law. But even in such cases the subsequent judges do not pretend to make a new law,...
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Proceedings, American Philosophical Society (vol. 91, no. 5)

...to determine, not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one." According to this theory, when a new question is presented by the development of inventions and changes...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Band 457

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1985
...full retroactive application derived from the Blackstonian notion "that the duty of the court was not to 'pronounce a new law, but to maintain and expound the old one.'" Linkletter v. Walker, 381 US 618, 622-623 (1965), citing 1 W. Blacks' one, Commentaries 69 (15th ed....
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