... 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 10von William Blackstone, William Cyrus Sprague - 1893 - 533 SeitenVollansicht - Über dieses Buch
| 1845 - 68 Seiten
...former precedents, where the same points come again in litigation." Yet he adds " this rule admits of an exception, where the former determination is most...more if it be clearly contrary to the divine law. But yet, the subsequent judges do not pretend to make a new law, but to vindicate the old one from misrepresentation... | |
| Herbert Broom - 1845 - 544 Seiten
...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 (/), jus dicere et non jus dare (m). (i) 1 Bla. Com. 70. See Ram's Kenyon, CJ, 5 TR 682, and 6 Science... | |
| Herbert Broom - 1852 - 616 Seiten
...*determine, not according to his own private judgment,3 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,1* jus dicere et non jus dare.' And here we may observ« the important distinction which exists"... | |
| Herbert Broom - 1854 - 622 Seiten
...however, admit of exceptions, where the former determination is most evidently *con- .-,_..,,-. trary to reason, — much more, if it be clearly contrary to the divine law. But, even in such cases, subsequent judges do not pretend to make a new law, but to vindicate the old one from misrepresentation.... | |
| Florida. Supreme Court - 1859 - 560 Seiten
...according to his own private judgment, but according to the known laws and customs of the lands — not delegated to pronounce a new law, but to maintain and expound the old one. Jus dicere et non jus dare." — 1 Blackstone Com., 69. "Where a rule has become settled law, it is... | |
| 1859 - 1044 Seiten
...Williams, L., 4 CL and Fin. 729) but according to the known laws and customs of the land; not appointed to pronounce a new law, but to maintain and expound the old, jus dicere et non jus dare (1 Bla. Com. Per Lord Kenyon, CF 5 TR 682. G Id. 605 and 8 Id. 239 per Grose... | |
| LUDWIG HERRIG - 1859 - 964 Seiten
...Williams, L., 4 CL and Fin. 729) but according to the known laws and customs of the land; not appointed to pronounce a new law, but to maintain and expound the old, ja; dicere et non jus dare (1 Bla. Com. Per- Lord Kenyon, CF 5 TR 682. 6 Id. 605 and 8 Id. 239 per... | |
| William Blackstone, George Sharswood - 1860 - 874 Seiten
...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,...contrary to reason ; *much more if it be clearly contrary r*~n to the divine law. But even in such cases the subsequent judges do not L ' pretend to make a new... | |
| Peter Hardeman Burnett - 1860 - 812 Seiten
...not according to his own private judgment, but according to the known laws and customs of the laud ; not delegated to pronounce a new law, but to maintain...expound the old one. Yet this rule admits of exception, when the former decision is most evidently contrary to reason ; much more if it be clearly contrary... | |
| Edward Royall Tyler, William Lathrop Kingsley, George Park Fisher, Timothy Dwight - 1863 - 878 Seiten
...is an established rule to abide by former precedents, where the same points come in litigation," " yet this rule admits of exception, where the former...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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