 ... 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
 | Gilbert Thomas Sadler - 1919 - 104 Seiten
...men. There are two other marks which Blackstone indicates negatively thus : the judge makes new law " where the former determination is most evidently contrary...if it be clearly contrary to the divine law." But general customs came into English law through the collections of " Dooms " by Ethelbert (c. 600 AD),... | |
 | Lincoln Frederick Schaub, Nathan Isaacs - 1921 - 872 Seiten
...In no jurisdiction has judicial practice entirely conformed with the orthodox view that judges are "not delegated to pronounce a new law, but to maintain and expound the old one.'" Judges are compelled to decide many cases for which no exact precedent exists. I11 the exercise of... | |
 | Henry Schofield - 1921 - 568 Seiten
...to similar cases." And Blackstone says in 1 Com., 69, 70: "Yet this rule," stare iIecisis, "ad mits of exception where the former determination is most evidently contrary to reason," which reason is not every man's natural reason, but the reason, method, and science of the law, as... | |
 | Frank Johnston - 1925 - 376 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 - 612 Seiten
...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 - 540 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."= This maxim is supported on principle, and for reasons entirely different from those which apply either... | |
 | 1913 - 564 Seiten
...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 - 288 Seiten
...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 - 856 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 dare. Notwithstanding the modern trend, we believe the doctrine to be a salutary... | |
 | 1859 - 1450 Seiten
...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... | |
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