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" 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... "
Proceedings of the Annual Session of the Bar Association of Tennessee - Halaman 76
oleh Tennessee Bar Association - 1912
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The Province of Jurisprudence Determined, Volume 2

John Austin - 1861 - 674 halaman
...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...and merely declared from time to time by the judges. This being the case, of course there can be no ex post facto legislation in the English Judiciary law....
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Albany Law Journal, Volume 22

1880 - 554 halaman
...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...merely declared from time to time by the judges." "Where the introduction of a new rule would interfere with interests and expectations which have grown...
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Lectures on Jurisprudence: Or, The Philosophy of Positive Law, Volume 2

John Austin, Sarah Austin - 1873 - 700 halaman
...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...nobody, existing, I suppose, from eternity, and merely dedared from time to time by the judges. This being the case, of course there can be no ex post facto...
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The Aryan Household: Its Structure and Its Development, an Introduction to ...

William Edward Hearn - 1878 - 512 halaman
...fiction employed by our judges that judiciary law is not made by them, but is a miraculous something, existing, I suppose, from eternity, and merely declared from time to time by the judges.'' He insists, as I understand him, that the judges have by law a sort of concurrent legislative power...
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Albany Law Journal, Volume 22

1880 - 556 halaman
...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...merely declared from time to time by the judges." "Where the introduction of a new rule would interfere with interests and expectations which have grown...
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Lectures on Jurisprudence, Or, The Philosophy of Positive Law, Volume 2

John Austin - 1885 - 662 halaman
...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...and merely declared from time to time by the judges. This being the case, of course there can be no ex post facto legislation in the English Judiciary law....
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lectures on jurisprudence

robert campbell - 1885 - 656 halaman
...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...and merely declared from time to time by the judges. This being the case, of course there can be no ex post facto legislation in the English Judiciary law....
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The Elements of Jurisprudence

Thomas Erskine Holland - 1886 - 402 halaman
...Most modern writers, on the other hand, agree with the criticisms of Austin, upon what he describes as : ' the childish fiction employed by our judges,...is a miraculous something made by nobody ; existing from eternity, and merely declared, from time to time, by the judges V In point of fact, the Courts...
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The Elements of Jurisprudence

Thomas Erskine Holland - 1888 - 448 halaman
...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...is a miraculous something made by nobody; existing from eternity, and merely declared, from time to time, by the judges V In point of fact, the Courts...
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Commentaries on the Laws of England ...

William Blackstone - 1890 - 902 halaman
...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...
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