 ... sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one.  Commentaries on the Laws of England - Page 69by William Blackstone - 1771Full view - About this book
 | Georgia Bar Association - Bar associations - 1916 - 492 pages
...to determine, not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one." But he does not leave the courts in chains. He states that this rule admits of exceptions, particularly... | |
 | Lincoln Frederick Schaub, Nathan Isaacs - Commercial law - 1921 - 872 pages
...In no jurisdiction has judicial practice entirely conformed with the orthodox view that judges are "not delegated to pronounce a new law, but to maintain and expound the old one.'" Judges are compelled to decide many cases for which no exact precedent exists. I11 the exercise of... | |
 | Frank Johnston - Analytical jurisprudence - 1925 - 376 pages
...to determine, not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one." (Commentaries: Introduction, Section 3, star page 69.) A judge is not uncontrolled even when he decides... | |
 | Law - 1908 - 540 pages
...to determine, not according to his own private judgment, but according to the known laws and customs of the land — not delegated to pronounce a new law, but to maintain and expound the old one."= This maxim is supported on principle, and for reasons entirely different from those which apply either... | |
 | Law - 1913 - 564 pages
...rule, which it is not in the breast of any subsequent judge to alter or vary from ... he being . . . not delegated to pronounce a new law, but to maintain and expound the old one." Not considering that this is the most beautiful example of petitio principii, which one may desire... | |
 | Kentucky State Bar Association - Bar associations - 1921 - 288 pages
...rule, which it is not in the breast of any subsequent judge to alter or vary from . . . he being . . . not delegated to pronounce a new law, but to maintain and expound the old one. ' ' In passing, one may be pardoned, I am sure, if he wonders who delegated the author of the precedent... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1959 - 856 pages
...to determine, not according to his own private judgment, but according to the known laws and customs of the land — not delegated to pronounce a new law, but to maintain and expound the old one — jus dicere et non jus dare. Notwithstanding the modern trend, we believe the doctrine to be a salutary... | |
 | Languages, Modern - 1859 - 1450 pages
...Williams, L., 4 Cl. and Fin. 72Э) but according to the known laws and customs of the land ; not appointed to pronounce a new law, but to maintain and expound the old, jus dicere et non jus dare (1 Bla. Com. Per Lord Kenyon, CF 5 Т.Е. 682. G Id. COS and 8 Id. 239 per... | |
 | Electronic journals - 1925 - 630 pages
...in the breast of any subsequent judge to alter or vary from according to the known laws and customs of the land; not delegated to pronounce a new law but to maintain and expound the old law;" but even Blackstone admits the exception, saying "yet this rule admits of exception, where the... | |
 | United States. General Accounting Office - Computer leases - 1973 - 498 pages
...doctrine that on the other hand it is the function of the judiciary jus dicere et nan jus dare, "not to pronounce a new law, but to maintain and expound the old one," Broom's Legal Maxims, first Amer. ed. (Phila., 1845), p. 64. Confusion seems to have crept into most... | |
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