 ... 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
 | 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... | |
 | 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... | |
 | 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.... | |
 | 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... | |
 | 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.... | |
 | 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... | |
 | 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... | |
 | 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,... | |
 | 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... | |
 | 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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