 But even in such cases the subsequent judges do not pretend to make a new law, but to vindicate the old one from misrepresentation. For if it be found that the former decision is manifestly absurd or unjust, it is declared, not that such a sentence was...  Jurisprudence, Law and Ethics: Professional Ethics - Page 167by Edgar Benton Kinkead - 1905 - 381 pagesFull view - About this book
 | 1902 - 1068 pages
...but to vindicate the old one from misrepresentation. For If It be found that the former decision be manifestly absurd or unjust, It Is declared, not that such a sentence Is bad law, but that It was not law." This subject is discussed at large In an opinion written by me... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1916 - 988 pages
...make a new law, but to vindicate the old one from misrepresentation. "For," as said by Blackstone, "if it be found that the former decision is manifestly...unjust, it is declared, not that such a sentence was bad lair; but that it was not law; that is, that it is not the established custom of the realm, as has... | |
 | 1892 - 272 pages
...the existence of such a custom as shall form a part of the common law." ' And again he says that if a "former decision is manifestly absurd or unjust, it...of the realm, as has been erroneously determined."' All of which is very pretty theory, but wholly at variance with the facts. The questions which daily... | |
 | 1903 - 408 pages
...law, but to vendic ite the old one from misrepresentation. For if it be found that the former deaision is manifestly absurd or unjust, it is declared, not...a sentence was bad law, but that it was not law." Such was the common law fiction acknowledged by the old writers and perhaps to-day widely accepted... | |
 | Susan W. Brenner - 394 pages
...of the common law.. . . Id. at 60 (emphasis added). Blackstone notes that "if it be found that [a] former decision is manifestly absurd or unjust, it...that is, that it is not the established custom of the reahn, as has been erroneously determined" (id. at 70). His comments on case reporting appear at the... | |
 | Daniel J. Boorstin - 1996 - 289 pages
...statement of Blackstone's attitude to precedent. See, for example, the statement quoted in the text, that "if it be found that the former decision is manifestly...that such a sentence was bad law, but that it was not lav, that is, that it is not the established custom of the realm, as has been erroneously determined."... | |
 | St. George Tucker, William Blackstone - 2000 - 3301 pages
...manifestly absurd or unjust, it is declared,-not that such a sentence was bad 'law but that it was 720* law ; that is, that it is not the established custom...the realm, as has been erroneously determined. And Jience it is that our lawyers are with justice BO copious in their encomiums on the reason of the common... | |
 | Thomas A. Street - 1999 - 540 pages
...subsequent judges do not pretend to make a new law, but to vindicate the old one from misrepresentation. For if it be found that the former decision is manifestly...a sentence was bad law, but that it was not law." This theory was criticised by Bentham, and Austin denounced " the childish fiction employed by our... | |
 | Kermit Hall - 2000 - 446 pages
...subsequent judges do not pretend to make a new law, but to vindicate the old one from misrepresentation. For if it be found that the former decision is manifestly...sentence was bad law, but that it was not law; that it is not the established custom of the realm, as has been erroneously determined." On the basis of... | |
 | Harold J. Spaeth, Jeffrey A. Segal - 2001 - 380 pages
...subsequent judges do not pretend to make a new law, but to vindicate the old law from misrepresentation. For if it be found that the former decision is manifestly...such a sentence was bad law. but that it was not law. (pp. 69-70) If Blackstone 's following among legal scholars has waned, his following among judges has... | |
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