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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... "
The Foundations of Legal Liability: Theory and principles of tort - Página 498
por Thomas Atkins Street - 1906
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The Province of Jurisprudence Determined, Volumen2

John Austin - 1861 - 674 páginas
...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,...
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Albany Law Journal, Volumen22

1880 - 554 páginas
...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...
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Lectures on Jurisprudence: Or, The Philosophy of Positive Law, Volumen2

John Austin, Sarah Austin - 1873 - 700 páginas
...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,...
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volumen22

1880 - 556 páginas
...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...
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Lectures on Jurisprudence, Or, The Philosophy of Positive Law, Volumen2

John Austin - 1885 - 662 páginas
...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,...
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lectures on jurisprudence

robert campbell - 1885 - 656 páginas
...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,...
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The Elements of Jurisprudence

Thomas Erskine Holland - 1886 - 402 páginas
...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...
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The Elements of Jurisprudence

Thomas Erskine Holland - 1888 - 448 páginas
...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...
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Commentaries on the Laws of England ...

William Blackstone - 1890 - 902 páginas
...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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The Law Student's Helper, Volumen11

1903 - 454 páginas
...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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