“A great deal of difficulty has been caused in the administration of the law, and particularly of the common law, by decisions in which technical rules have been formulated which were not true—that is, were not in accordance with the facts of the case.”

— William Brett, 1st Viscount Esher

In re North, Ex parte Hasluck (1895), L. R. 2 Q. B. D. [1895], p. 269.

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William Brett, 1st Viscount Esher 16

British lawyer, judge and politician 1815–1899

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“It is no longer true in the sense in which it was true when these dicta were uttered, that " Christianity is part of the law of the land." Nonconformists and Jews were then under penal laws, and were hardly allowed civil rights. But now, so far as I know the law, a Jew might be Lord Chancellor. Certainly he might be Master of the Rolls, and the great Judge whose loss we have all had to deplore2 might have had to try such a case, and if the view of the law supposed be correct, he would have had to tell the jury, perhaps partly composed of Jews, that it was blasphemy to deny that Jesus Christ was the Messiah, which he himself did deny, and which Parliament has allowed him to deny, and which it was part of " the law of the land " that he might, deny.”

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“To Donham, the case study stood squarely in the legal and cultural tradition of Anglo-American thought. Unlike French or Spanish law. Donham emphasized, English law was grounded on the doctrine of stare decisis, in which the written case decisions of the past shape, and instantiate, the law. Just as the recording of cases allowed English common law to break the arbitrariness of local law. Donham argued in 1925, business needed to universalize its procedures by itself adopting the case system. The chaos of local law that ruled in England before the common law. Donham contended, "is exactly the same situation that we have [in the world of business] where practically every large corporation is tightly hound by traditions which are precedents in its particular narrow field and narrow held only The recording of decisions from industry to industry [enables] us to start from facts and draw inferences from those facts; [it] will introduce principle… in the field of business to such an extent that it will control executive action in the field where executive action is haphazard or unprincipled or bound by narrow, instead of broad precedent and decision"”

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Source: Image and Logic, 1997, p. 57, footnote 66

“In the department of physical optics, the phenomena of halos and parhelia have been explained, upon principles not entirely new, but long forgotten: the functions of the eye have been minutely examined, and the mode of its accommodation to the perception of objects at different distances ascertained: the various phenomena of coloured light have been copiously described, and accurately represented by coloured plates; and some new cases of the production of colours have been pointed out, and have been referred to the general law of double lights, by which a great variety of the experiments of former opticians have also been explained; and this law has been applied to the establishment of a theory of the nature of light, which satisfactorily removes almost every difficulty that has hitherto attended the subject.”

Thomas Young (scientist) (1773–1829) English polymath

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“There is no doubt whatever that as far as common law is concerned, the Courts in this country have been bound, most of them, by inflexible rules handed down in great measure from the time of the Plantagenets, and until certain modern statutes were passed there was no possibility of altering or improving them.”

James Wilde, 1st Baron Penzance (1816–1899) British judge and rose breeder

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“What all this amounts to, then, is that the Rule of Law requires that administrative discretion in coercive action (i. e., in interfering with the person and property of the private citizen) must always be subject to review by an independent court which is not an instrument of, or even privy to, the aims of current governmental policy; that its review must in all such instances extend to the substance of the administrative act and not merely to the question whether it was infra or ultra vires; and that, if such a court finds that the rights of private citizens have been infringed, it will assess damages just as if the right of this person had been violated by another private citizen. This, in addition to the familiar requirements of generality, equality, and certainty of the law is really the crux of the matter, the decisive point on which it depends whether the Rule of Law prevails or not.”

Friedrich Hayek (1899–1992) Austrian and British economist and Nobel Prize for Economics laureate

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1940s–1950s, The Political Ideal of the Rule of Law (1955)

“I am ready to concede that the rule of adherence to precedent, though it ought not to be abandoned, ought to be in some degree relaxed. I think that when a rule, after it has been duly tested by experience, has been found to be inconsistent with the sense of justice or with the social welfare, there should be less hesitation in frank avowal and full abandonment. … That court best serves the law which recognizes that the rules of law which grew up in a remote generation may, in the fullness of experience, be found to serve another generation badly, and which discards the old rule when it finds that another rule of law represents what should be according to the established and settled judgment of society.”

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“The creation of crimes after the commission of the fact, or, in other words, the subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny.”

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“Empirical laws […] have only slight or even no value beyond the limits within which they have been observed to be true.”

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“The judiciary has a profound and humble, but vitally important role in interpreting the law and following the law, and putting aside personal beliefs and ensuring that the law has been faithfully executed, according to the real lawmaker, which is the legislature, or in the event of an interpretation of our highest law, the Constitution, by virtue of the people themselves.”

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“The questions which for years were in dispute between the State and General Government, and which unhappily were not decided by the dictates of reason, but referred to the decision of war, having been decided against us, it is the part of wisdom to acquiesce in the result, and of candor to recognize the fact.”

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“A great deal of difficulty has been caused in the administration of the law, and particularly of the common law, by decisions in which technical rules have been formulated which were not true—that is, were not in accordance with the facts of the case.”

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William Brett, 1st Viscount Esher 16

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