 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...  The American Jurist: And Law Magazine - Page 2871843Full view - About this book
 | Daniel J. Boorstin - Political Science - 1996 - 289 pages
...See, for example, the statement quoted in the text, that "if it be found that the former decision is manifestly absurd or unjust, it is declared, not 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."... | |
 | Thomas A. Street - Law - 1999 - 540 pages
...Bl. Com. 60. In the same connection, speaking of overruled cases he adds: " But even in such cases the subsequent judges do not pretend to make a new...misrepresentation. For if it be found that the former decision is manifestly absurd or unjust, it is declared, not that such a sentence was bad law, but that it was... | |
 | Kermit Hall - Civil rights - 2000 - 446 pages
...exceptions, where the former determination is most evidently contrary to reason."31 But, even in such cases, subsequent judges do not pretend to make a new law,...misrepresentation. For if it be found that the former decision is manifestly absurd or unjust, it is declared, not that such a sentence was bad law, but that it was... | |
 | Harold J. Spaeth, Jeffrey A. Segal - History - 2001 - 380 pages
...evidently contrary to reason: much more if it be clearly contrary to the divine law. But even in such cases the 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 absurd or unjust,... | |
 | Jeffrey A. Segal, Harold J. Spaeth - Law - 2002 - 484 pages
...evidently contrary to reason; much more if it be clearly contrary to the divine law. But even in such cases the subsequent judges do not pretend to make a new...misrepresentation. For if it be found that the former decision is manifestly absurd or unjust, it is declared, not that such a sentence was bad law, but that it was... | |
 | Walter Jacob, Moshe Zemer - Religion - 2002 - 204 pages
...even in such a case, the judge does not legislate; "for if it be found that the former decision is manifestly absurd or unjust, it is declared, not that...bad law, but that it was not law; that is, that it is not the established custom of the realm, as has been erroneously determined." 47 In this view, a... | |
 | William Blackstone - Droit - 2002 - 500 pages
...revise precedent. Blackstone explains that apparent anomaly by contending that "even in such cases the subsequent judges do not pretend to make a new law, but to vindicate the old one from misrepresentation."i2 The resulting novel decisions do not reveal that the original legal rule was... | |
 | Paul O. Carrese - Law - 2010 - 350 pages
...most evidently contrary to reason; much more if it be contrary to divine law. But even in such cases the subsequent judges do not pretend to make a new...old one from misrepresentation. For if it be found . . . manifestly absurd or unjust it is declared, not that such a sentence was bad law, but that it... | |
 | Keith N. Hylton - Law - 2003 - 436 pages
...determination is most evidently contrary to reason. . . . For if it be found that the former decision is manifestly absurd or unjust, it is declared, not that...such a sentence was bad law, but that it was not law, . . . And hence it is that our lawyers . . . tell us, that the law is the perfection of reason, that... | |
 | Duffy Graham - Law - 2009 - 153 pages
...judicial decision is "most evidently contrary to reason" or "clearly contrary to the divine law," then "the subsequent judges do not pretend to make a new...misrepresentation. For if it be found that the former decision is manifestly absurd or unjust, it is declared, not that such a sentence was bad law, but that it was... | |
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