 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 Canadian Law Times - Side 821904Uten tilgangsbegrensning - Om denne boken
 | William Blackstone - 1890 - 902 sider
...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... | |
 | 1903 - 456 sider
...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...is a miraculous something, made by nobody, existing from eternity, and merely declared from time to time by the judges." Province of Juris., p. 655. Here... | |
 | Edgar Benton Kinkead - 1905 - 496 sider
...characterizes the theory that judges do not make the law as "childish fiction," sarcastically observing that "judiciary or common law is not made by them,...merely declared from time to time by the judges." (2 Austin, Jurisprudence, p. 102, sec. 919. [Campbell's Ed.] Digby, History Real Property, p. 53.)... | |
 | Thomas Atkins Street - 1906 - 542 sider
...was bad law, but that it was not law." This theory was criticised by Bentham, and Austin denounced " the childish fiction employed by our judges that judiciary...is a miraculous something made by nobody, existing from eternity." 3 Austin Jurisprudence, Campbell's ed., 655. Time, which is the greatest of Two salutary... | |
 | Thomas Erskine Holland - 1906 - 484 sider
...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...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... | |
 | 1904 - 766 sider
...405. 4. Vol. xxix, p. 223 This paper aspires to deal with realities, regardless of what Austin calls "the childish fiction employed by our judges, that...merely declared from time to time by the judges." Now if the above definition of "making law" be accepted as correct, it will be found that there is... | |
 | James Coolidge Carter - 1907 - 388 sider
...repelled any imputation of doing it; but he treated their view with contempt, speaking of it thus: "The childish fiction employed by our judges, that...and merely declared from time to time by the judges. ni But where does he find an authority in the judges to make law in the shape of commands, for certainly... | |
 | 1908 - 274 sider
...State and explain the English theory of judicial precedents. Comment upon Austin's references to " the childish fiction employed by our judges, that...is a miraculous something, made by nobody, existing from eternity, and merely declared from time to time by the judges." G. What was the Edictum perpetuum... | |
 | John Chipman Gray - 1909 - 360 sider
...accurate view of the force and effect of precedents which the commentator gives. Austin speaks of " the childish fiction, employed by our judges, that...merely declared from time to time by the judges." 1 SEC. 471. Austin's views have met general acceptance. 2 But Blackstone has not wanted defenders.... | |
 | John Chipman Gray - 1909 - 360 sider
...accurate view of the force and effect of precedents which the commentator gives. Austin speaks of " the childish fiction, employed by our judges, that...a miraculous something made by nobody, existing, I 1 1 Bl. Com. 68-71. suppose, from eternity, and merely declared from time to time by the judges. "... | |
| |
