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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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Proceedings of the ... Annual Session of the Association ..., Band 30

Ohio State Bar Association - 1909
...not 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." But he immediately adds these words : "Yet this rule admits of exception, where the former determination...
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The Institutes of Justinian Illustrated by English Law

James Williams - 1883 - 239 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" (1 Stephen, Introd., s. 3). The term judex, when used in English law, invariably means a judge. It...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1884 - 978 Seiten
...decisia (a;)— does, however, ^"n,7t'I<1 admit of exceptions, where the former determination is boldmost evidently contrary to reason, — much more, if it...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....
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The Elements of Jurisprudence

Thomas Erskine Holland - 1886 - 372 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 one 2.' They are the depositaries of a body of customary principles which have only to be applied to each...
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Elements of Right and of Law: To which is Added a Historical and Critical ...

George Hugh Smith - 1887 - 382 Seiten
...however, admit of exceptions where the former determination is most evidently contrary 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 law from misrepresentation....
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The Elements of Jurisprudence

Thomas Erskine Holland - 1888 - 378 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 one 2 .' They are the depositaries of a body of customary principles which have only to be applied to each...
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Commentaries on the Laws of England ...

William Blackstone - 1890
...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. [Note 30, page 213.] Yet this rule admits of exception, where the former determination is most evidently...
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The Most Material Parts of Blackstone's Commentaries, Reduced to Questions ...

John C. Devereux - 1891 - 392 Seiten
...that they acted wholly without consideration. 9. Does this rule admit of exception? — 69, 70 Yes ; where the. former determination is most evidently...more, if it be clearly contrary to the divine law. 10. What do the rules relating to particular customs regard ? — 75. Either the proof of their existence,...
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The Law Student's Helper, Band 11

1903
...according to his own private judgment but 'according to the known laws and customs of the land, and is not delegated to pronounce a new law but to maintain and expound the old;'' and farther on, speaking of overruled cases, he bdrls: "But even in such cases the subsequent judges...
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Proceedings of the Oregon Bar Association at Its ..., Band 6,Teile 1896-1897

Oregon Bar Association - 1897
...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 and expound the old one. Yet this rule admits of exceptions where the former determination is most evidently contrary to reason; much more if it be...
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