 ... 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
 | Frank Johnston - 1925 - 352 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." (Commentaries: Introduction, Section 3, star page 69.) A judge is not uncontrolled even when he decides... | |
 | Washington State Bar Association - 1894
...with many exceptions and much qualification. Blackstone says: — "Yet this rule (of stare decisis) admits of exception, where the former determination...more if it be clearly contrary to the divine law. ***** por jf jj De found that the former decision is manifestly absurd or unjust, it is declared not... | |
 | 1908
...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."= This maxim is supported on principle, and for reasons entirely different from those which apply either... | |
 | 1913
...rule, which it is not in the breast of any subsequent judge to alter or vary from ... he being . . . not delegated to pronounce a new law, but to maintain and expound the old one." Not considering that this is the most beautiful example of petitio principii, which one may desire... | |
 | Kentucky State Bar Association - 1921
...rule, which it is not in the breast of any subsequent judge to alter or vary from . . . he being . . . not delegated to pronounce a new law, but to maintain and expound the old one. ' ' In passing, one may be pardoned, I am sure, if he wonders who delegated the author of the precedent... | |
 | United States. Court of Claims, Audrey Bernhardt - 1959
...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. Notwithstanding the modern trend, we believe the doctrine to be a salutary... | |
 | 1859
...Williams, L., 4 Cl. and Fin. 72Э) 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 Т.Е. 682. G Id. COS and 8 Id. 239 per... | |
 | 1925
...in the breast of any subsequent judge to alter or vary from according to the known laws and customs of the land; not delegated to pronounce a new law but to maintain and expound the old law;" but even Blackstone admits the exception, saying "yet this rule admits of exception, where the... | |
 | United States. General Accounting Office - 1973 - 33 Seiten
...doctrine that on the other hand it is the function of the judiciary jus dicere et nan jus dare, "not to pronounce a new law, but to maintain and expound the old one," Broom's Legal Maxims, first Amer. ed. (Phila., 1845), p. 64. Confusion seems to have crept into most... | |
 | Philip B. Kurland - 1975 - 287 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 an old one."123 The theory has long been dead, although it may still rule from its grave.124 Attention... | |
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