“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"”

— Peter Galison

W. Donham, transcript of talk to the Association of Coll. School of Business Committee Reports and Other Literature, 5-7 May 1925. Harvard Business School, box 17, folder 10. 62
Source: Image and Logic, 1997, p. 57, footnote 66

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Peter Galison 2

American physicist 1955

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“The search for original cases and the "superior" rules that would emerge from them spread far outside legal practice. Wallace Donham, dean of the Harvard Business School from 1919 to 1942, was trained at the law school in the heady days of the case system's early and enthusiastic reception. Where law and business parted ways was in the contingent matter of the availability of ready- made cases — law faculty simply reached for their shelves, while professors of business needed to create a new literary species — the business case book.”

Peter Galison (1955) American physicist

Source: Image and Logic, 1997, p. 57

“Great cases like hard cases make bad law. For great cases are called great, not by reason of their importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgement.”

Oliver Wendell Holmes Jr. (1841–1935) United States Supreme Court justice

Northern Securities Co. v. United States, 193 U.S. 197, 400-401 (1904).
1900s

“Whatever at common law might be amended in civil cases, was at common law amendable in criminal, and so it is at this day.”

John Holt (Lord Chief Justice) (1642–1710) English lawyer and Lord Chief Justice of England

The Queen v. Tutchin (1704), 1 Salk. 51 pl. 14.

“The operation was a success, but the patient died.' What such a procedure is to medicine, the Court's opinion in this case is to law.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

National Endowment for the Arts v. Finley, 524 U.S. 569 (1998) (Scalia, concurring).
1990s

“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 (1815–1899) British lawyer, judge and politician

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

“I think in this case international law stood in the way of doing the right thing.”

Richard Perle (1941) American government official

2003
Notes: in reference to the legality of the 2003 invasion of Iraq
Source: http://www.guardian.co.uk/Iraq/Story/0,2763,1089158,00.html

“The law itself is on trial in every case as well as the cause before it.”

Harlan F. Stone (1872–1946) United States federal judge

Reported variously, including in Harris v. State, 632 So. 2d 503, 543 (Ala. Crim. App. 1992), Judge Mark Montiel, dissenting. Original source not found.
Attributed

“A casus omissus can in no case be supplied by a Court of law, for that would be to make laws.”

Sir Francis Buller, 1st Baronet (1746–1800) British judge

Jones v. Smart (1785), 1 T. R. 52.

“In the first place, it is not improper to observe, that the law of cases of necessity is not likely to be well furnished with precise rules; necessity creates the law, it supersedes rules; and whatever is reasonable and just in such cases, is likewise legal; it is not to be considered as matter of surprise, therefore, if much instituted rule is not to be found on such subjects.”

William Scott, 1st Baron Stowell (1745–1836) British politician

The Gratitudine (18 December 1801); as published in Reports of Cases Argued and Determined in the High Court of Admiralty, Commencing with the Judgments of the Right Hon. Sir William Scott, Michaelmas Term, 1798, Vol. III (1802) http://books.google.com/books?id=-vcvAAAAYAAJ, p. 266.

“The case for originalism is quite different. It is that in our system of government, written laws (statutes and constitutional provisions) are supposed to provide stable rules around which society can organize itself. Such rules are presumed to remain in place until amended or repealed by the people. Originalism is aimed at preserving the laws enacted by the people or their representatives, and at preserving stability and predictability in our legal system.”

Thomas Rex Lee (1964) Utah Supreme Court justice

A Dialogue with Utah Supreme Court Justice Thomas R. Lee https://web.archive.org/web/20150120094848/www.attorneyatlawmagazine.com/salt-lake-city/dialogue-utah-supreme-court-justice-thomas-r-lee/

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Peter Galison 2

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