The Weekly Jurist Volume 3

The Weekly Jurist Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...the profits estimated upon the manufactured lumber. Clearly there was no error in this. Such profits were contingent and uncertain, and beyond the terms of the log contract; and fell within that class of cases holding that such profits are too remote to be the subjec_t of re covery.; _ Per ouriam. Judgment aifirmed. Williams, J., absent. "Precedents are the bane and disgrace of legislature. They are not wanted to justify right measures, and are absolutely in sufficient to excuse wrong ones. They can only be useful to heralds, dancing-masters, and gentlemen ushers--becanse in these departments neither reason, virtue, nor the salus populi, or supremo lean, can have any operation." Thus writes Laurence Sterne; but, in our opinion, there is not in the whole science of law a principle of more vital consequence than that which upholds the sanctity of judicial precedent, even as, of old, it conferred upon the Res20nsa Prudentium, among the Ro mans, authority binding on posterity. For when it is remembered that, in the words of Best, C. J., "The judgments of the courts of Westminster Hall are the only authority that we have for by far the greatest part of the law of England, can anything be conceived more calculated to shake public confidence in the stability of law, more certain to engender social disaster, than would be the habitual disregard by the judges of previous decisions pronounced by judges of co-ordinate jurisdiction. Unquestionabl_y, the inconvenience of shaking concludedldeterminations is much greater to the kingdom in general than the impropriety of any former original determination can be to the parties. And we need hardly add that, in the words of Lord Kenyon, "The maxim, misera est servitus ulijus est...
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Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • United States
  • English
  • black & white illustrations
  • 123695694X
  • 9781236956941