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