 | John Chipman Gray - Jurisprudence - 1909 - 360 pages
...to pronounce a new law, but to maintain and expound the old one. Yet this rule admits of exceptions, where the former determination is most evidently contrary...such a deference to former times as not to suppose they acted wholly without consideration. To illustrate this doctrine by examples. It has been determined,... | |
 | John Chipman Gray - Jurisprudence - 1909 - 360 pages
...exceptions, where the former determination is most evidently contrary 1 Hale, Hist. Com. Law (4th ed.) 67. to reason; much more if it be clearly contrary to...such a deference to former times as not to suppose they acted wholly without consideration. To illustrate this doctrine by examples. It has been determined,... | |
 | Roscoe Pound - Common law - 1913 - 662 pages
...wisdom of the rule hath in the end appeared from the inconveniences that have followed the innovation. The doctrine of the law then is this: that precedents...and rules must be followed, unless flatly absurd or unjusTt for though their reason be not obvious at first view, yet we owe such a deference to former... | |
 | United States. Department of the Treasury - Finance, Public - 1914 - 1214 pages
...the rule flatly contradictory to reason" then the law will be presumed to be well founded, and that "the doctrine of the law then is this, that precedents...must be followed, unless flatly absurd or unjust." He then gives an illustration showing what had been determined and held to be law, but that now on... | |
 | William Blackstone - Law - 1915 - 1632 pages
...inconveniences that have followed the innovation. § 84. (b) Judicial decisions evidence of the common law. — The doctrine of the law then is this: that precedents...followed, unless flatly absurd or unjust: for though their p Herein agreeing with the civil law, Ff. 1. 3. 20. 21. "Non omnium, quce a majoribus nostri» constituta... | |
 | Law reviews - 1925 - 1182 pages
...legislators, they deem the doctrine economically sound and desirable? Or is it because they feel simply "that precedents and rules must be followed, unless flatly absurd or unjust" and that the rule having once been "solemnly declared and determined, what before was uncertain and... | |
 | Robert Charles McKellips - Stare decisis - 1927 - 120 pages
...appeal. It is this general doctrine which Blackstone referred to when he said: "The doctrine of the law is this: that precedents and rules must be followed, unless flatly absurd or unjust;...." 2 It is because the general doctrine of precedents is based upon the presumption of correctness, that... | |
 | Law - 1902 - 546 pages
...the court itself or its predecessor, is clear and unmistakable. Blackstone's statement of the rule that, "precedents and rules must be followed unless flatly absurd or unjust" was no doubt well suited to the time in which he wrote, but the true doctrines of *t»rr, derifiit... | |
 | State Historical Society of Wisconsin. Meeting - Wisconsin - 1916 - 254 pages
...which he called Commentaries on the Laws of England. "The doctrine of the law then is this:" he said, "that precedents and rules must be followed, unless flatly absurd or unjust." But precedent and rules seldom seemed absurd or unjust to him; the laws of England were the very acme... | |
 | Roger B. M. Cotterrell - Law - 1992 - 300 pages
...conclusions. A judge could mistake the law (Postema 1986: 9-11; 194-5). Blackstone (1809 I: 70) writes: 'The doctrine of the law then is this: that precedents and rules must be followed, unless flatly absurd t Calvin's Case (1608) 7 Co Rep 1, 3. 2 See eg per Lord Esher MR in Willis v Baddeley [1892] 2 QB 324,... | |
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THE doctrine of the law then is this : that precedents and rules must be followed, unless flatly absurd or unjust : for though then- reason be not obvious at first view, yet we owe such a deference to former times as not to suppose that they acted wholly... 
