 What hindered him from seeing this, was the childish fiction employed by our judges, that judiciary or common law is not made by them, but is a miraculous something made by nobody, existing, I suppose, from eternity, and merely declared from time to time...  The Theory and Principles of Tort Law - Page 498by Thomas A. Street - 1999 - 500 pagesLimited preview - About this book
 | John Austin - Jurisprudence - 1861 - 674 pages
...tion (it is quite manifest) applies to our own precedents. What hindered him from seeing this, was the childish fiction employed by our judges, that...is a miraculous something made by nobody, existing, I suppose, from eternity, and merely declared from time to time by the judges. This being the case,... | |
 | Law - 1880 - 554 pages
...make law, but only declare it as it previously existed, has long since been exposed. Austin speaks of the "childish fiction employed by our judges, that...is a miraculous something made by nobody, existing, I suppose, from eternity, and merely declared from time to time by the judges." "Where the introduction... | |
 | John Austin, Sarah Austin - Jurisprudence - 1873 - 700 pages
...v _* (it is quite manifest) applies to our own precedents. What hindered him from seeing this, was the childish fiction employed by our judges, that...is a miraculous something made by nobody, existing, I suppose, from eternity, and merely dedared from time to time by the judges. This being the case,... | |
 | Law - 1880 - 556 pages
...declare it as it previously existed, has long since been exposed. Austin speaks of the "childish action employed by our judges, that judiciary or common law...is a miraculous something made by nobody, existing, I suppose, from eternity, and merely declared from time to time by the judges." "Where the introduction... | |
 | John Austin - Jurisprudence - 1885 - 662 pages
...objection (it is quite manifest) applies to our own precedents. What hindered him from seeing this, was the childish fiction employed by our judges, that...is a miraculous something made by nobody, existing, I suppose, from eternity, and merely declared from time to time by the judges. This being the case,... | |
 | robert campbell - 1885 - 656 pages
...objection (it is quite manifest) applies to our own precedents. What hindered him from seeing this, was the childish fiction employed by our judges, that...is a miraculous something made by nobody, existing, I suppose, from eternity, and merely declared from time to time by the judges. This being the case,... | |
 | Thomas Erskine Holland - Jurisprudence - 1886 - 402 pages
...modern writers, on the other hand, agree with the criticisms of Austin, upon what he describes as : ' the childish fiction employed by our judges, that...something made by nobody ; existing from eternity, and merely declared, from time to time, by the judges V In point of fact, the Courts in all countries... | |
 | Thomas Erskine Holland - Jurisprudence - 1888 - 448 pages
...other hand, agree with the criticisms of Austin, upon what he describes as : 'the childish f1ction employed by our judges, that judiciary or common law...something made by nobody; existing from eternity, and merely declared, from time to time, by the judges V In point of fact, the Courts in all countries... | |
 | William Blackstone - Law - 1890 - 902 pages
...it is declared not that such a sentence was bad law, but that it was not law." Mr. Austin speaks of the "childish fiction" employed by our judges, that "judiciary or common law is not made by them, bufis a miraculous something made by nobody, existing, I suppose, from eternity, and merely declared... | |
 | Law - 1903 - 456 pages
...the sovereign. The decision of a case is therefore the making of law. He emphatically brushed aside "the childish fiction employed by our judges that...something, made by nobody, existing from eternity, and merely declared from time to time by the judges." Province of Juris., p. 655. Here the schism began.... | |
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