The Science of Legal Judgment: A Treatise Designed to Show the Materials Whereof, and the Process by Which, the Courts of Westminster Hall, Construct Their Judgments; and Adapted to Practical and General Use in the Discussion, and Determination, of Questions of Law (Google eBook)

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J.S. Littell, 1835 - Judgments - 146 pages
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Page 7 - ... reason is the life of the law, nay the common law itself is nothing else but reason; which is to be understood of an artificial perfection of reason, gotten by long study, observation, and experience, and not of every man's natural reason ; for, Nemo nascitur artifex.
Page 15 - Equity is a roguish thing : for law we have a measure, know what to trust to ; equity is according to the conscience of him that is chancellor, and as that is larger or narrower, so is equity. "Tis all one as if they should make the standard for the measure we call a foot...
Page 49 - The fact is Lord Coke had no authority for what he states, but I am afraid we should get rid of a good deal of what is considered law in Westminster Hall if what Lord Coke says without authority is not law. He was one of the most eminent lawyers that ever presided as a judge in any court of justice, and what is said by such a person is good evidence of what the law is, particularly when it is in conformity with justice and common sense.
Page 6 - And therefore if all the reason that is dispersed into so many several heads, were united into one, yet could he not make such a law as the law of England is ; because by many successions of ages, it hath been fined and refined by an infinite number of grave and learned men...
Page 57 - The decisions, therefore, of courts are held in the highest regard, and are not only preserved as authentic records in the treasuries of the several courts, but are handed out to public view in the numerous volumes of reports which furnish the lawyer's library. " These reports are histories of the several cases, with a short summary of the proceedings, which are preserved at large in the record ; the arguments on both sides, and the reasons the Court gave for its judgment ; taken down in short notes...
Page 94 - Where cases are new in their principle, there I admit that it is necessary to have recourse to legislative interposition in order to remedy the grievance: but where the case is only new in the instance, and the only question is upon the application of a principle recognized...
Page 16 - is clear, and Courts of Equity ought to follow it in their judgments concerning titles to equitable estates; otherwise great uncertainty and confusion would ensue; and though proceedings in equity are said to be secundum discretionem boni viri, yet when it is asked, vir bonus est quis? the answer is, qui consulta patrum qui leges juraque servat; and as it is said in Rook's case, 5 Rep.
Page 7 - ... the law of nature. And by this law, written with the finger of God in the heart of man, were the people of God a long time governed, before the law was written by Moses, who was the first reporter or writer of law in the world.
Page 6 - This legall reason est summa ratio. And therefore if all the reason that is dispersed into so many...
Page 15 - Certainly Precedents are very necessary and useful to us, for in them we may find the reasons of the equity to guide us; and besides, the authority of those who made them is much to be regarded.

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