... what is not reason is not law. Not that the particular reason of every rule in the law can at this distance of time be always precisely assigned; but it is sufficient that there be nothing in the rule flatly contradictory to reason, and then the law... The Edinburgh Review: Or Critical Journal - Side 2241818Fuld visning - Om denne bog
| Wisconsin. Supreme Court - 1904 - 792 sider
...decisions as here indicated. Blackstone's statement of the doctrine is : "The doctrine of the law is this : that precedents and rules must be followed unless flatly absurd or unjust; for, though their reasons be not obvious at first view, yet we owe such a deference to former times as not to suppose... | |
| 1807 - 324 sider
...sufficient to warrant us in concluding that it was against reason. " It is sufficient," says he,* " that there " be nothing in the rule flatly contradictory...reason, an,d " then the law will presume it to be- well-founded." Indeed the author of the' Remarks'drops an admission afterwards, to the full extent... | |
| Edward Beal - 1908 - 766 sider
...every rule in the law can at this distance of time be always precisely assigned, but it is sufficient that there be nothing in the rule flatly contradictory...and then the law will presume it to be well founded. And it hath been an ancient observation in the laws of England that whenever a standing rule of law,... | |
| Charles Erehart Chadman - 1912 - 624 sider
...every rule in the law can at this distance of time be always precisely assigned; but it is sufficient that there be nothing in the rule flatly contradictory...and then the law will presume it to be well founded. (p) And it hath been an ancient observation in the laws of England, that when(p) Herein agreeing with... | |
| United States. Department of the Treasury - 1914 - 1214 sider
...reason" then the law will be presumed to be well founded, and that "the doctrine of the law then is this, that precedents and rules 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... | |
| Joseph Henry Beale - 1915 - 844 sider
...every rule in the law can at this distance of time be always precisely assigned ; but it is sufficient that there be nothing in the rule flatly contradictory...and then the law will presume it to be well founded. And it hath been an ancient observation in the laws of England, that whenever a standing rule of law.... | |
| William Blackstone - 1915 - 1632 sider
...every rule in the law can at this distance of time be always precisely assigned ; but it is sufficient that there be nothing in the rule flatly contradictory to reason, and then the reporters from the time of Edward I to that of Henry VIII. These are followed by reports produced by... | |
| George Clarke Cox - 1922 - 522 sider
...showing that it hath been always the custom to observe it." "The doctrine of the law then is this; that precedents and rules must be followed, unless flatly absurd or unjust." The general rule is " that the decisions of courts of justice are the evidence of what is common law."... | |
| 1925 - 1182 sider
...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... | |
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