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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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Commentaries on the Laws of England in One Volume Together with a Copious ...

William Blackstone (Sir) - 1897 - 808 Seiten
...according to his private sentiments ; he being sworn to determine 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. The exception is where the former determination is incorrect, much more if it be clearly contrary to...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1900 - 749 Seiten
...sworn to determine, not according to his own private judgment (in), but according to the known laws of the land — not delegated to pronounce a new law, but to maintain the old (n) — -jus dicere et non jw dare (o). (lc) 1 Black. Com. 60. See Bnm's (n) Per Ld. Kenyon,...
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The Moral Law: Or, The Theory and Practice of Duty; an Ethical Text-book

Edward John Hamilton - 1902 - 464 Seiten
...established rule to abide by former precedents when the same points come again in litigation. . . . Yet this rule admits of exception where the former...be clearly contrary to the divine law. But, even in jsuch cases, the judges do not pretend to make a new law but to vindicate the old one from misrepresentation....
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Jurisprudence, Law and Ethics: Professional Ethics

Edgar Benton Kinkead - 1905 - 381 Seiten
...judges are not delegated to pronounce new law, but to maintain and expound the old one, "yet," he says, "this rule admits of exception, where the former determination...most evidently contrary to reason; much more if it be contrary to the divine law. . . . If it be found that the former decision is manifestly absurd or unjust,...
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Report of the West Virginia Bar Association: Including Proceedings of the ...

West Virginia Bar Association - 1905
...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. In a word, the student of law is taught that the doctrine of the law is, thai precedents and rules...
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The Foundations of Legal Liability: Theory and principles of tort

Thomas Atkins Street - 1906
...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." I Bl. Com. 69. In the same connection, speaking of overruled cases he adds : " But even in such cases...
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The Law Journal: Consisting of Original Communications on Legal ..., Band 3

1807
...commentator has himself distinctly said*—" This rule" (as to the observance of former decisions,) " admits of " exception where the former determination..." clearly contrary to the divine law* But even in soeh " cases the subsequent judges do not pretend to make " anew law, but, to vindicate the old one...
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Lawyers' Reports Annotated, Bücher 8

1907
...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 diccre et non jus dare." Broom, Legal Maxims. 8th eJ. p. 147. The defendant, it is true, has wilfully...
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The Nature and Sources of the Law

John Chipman Gray - 1909 - 332 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,...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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Law Books and how to Use Them

John Charles Townes - 1909 - 191 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 da-re." This is, perhaps, as strong and broad a statement of the doctrine...
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