“I do not think that a Judge would wish any statement which he may have made in the course of a case, merely obiter and casually, to be treated as necessarily being an authority on the subject in question; but when a Judge has thought it necessary for the purpose of a case to make a deliberate examination of the practice of his Court, and to state such practice, I do not think the authority of such statement can be got rid of merely by arguing that it was not really necessary for the actual decision of the case. I think that such a statement if cited as an authority is entitled to great weight, though of course not binding on us as a decision.”

— William Brett, 1st Viscount Esher

Ex parte Rev. James Bell Cox (1887), L. R. 20 Q. B. D. 19.

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William Brett, 1st Viscount Esher 16

British lawyer, judge and politician 1815–1899

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“To my mind when a great Judge, a master of the whole subject, thinking it necessary for the decision of the case to carefully examine into and to state the practice, it is nothing to say as against that, that it was not necessary for the decision.”

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Ex parte Bell Cox (1887), 57 L. J. (N. S.) Q. B. 103.

“I yield to authority. I think the practice of the Court of Chancery for more than one hundred years, and the authority of Judges of very great eminence, establish such a course of practice and such a chain of authority, that I do not think I am at liberty to assume that either the Court or those very learned Judges were in error as to their powers and jurisdiction.”

Hardinge Giffard, 1st Earl of Halsbury (1823–1921) British politician

Attorney-General v. Marquess of Ailesbury (1887), L. J. (N. S.) 57 Q. B. 89.

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Fali Sam Nariman (1929) Indian politician

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“Like my brothers who sit with me, I am extremely reluctant to decide anything except what is necessary for the special case, because I believe by long experience that judgments come with far more weight and gravity when they come upon points which the Judges are bound to decide, and I believe that obiter dicta, like the proverbial chickens of destiny, come home to roost sooner or later in a very uncomfortable way to the Judges who have uttered them, and are a great source of embarrassment in future cases. Therefore I abstain from putting a construction on more than it is necessary to do for this particular case.”

Charles Bowen (1835–1894) English judge

Cooke v. New River Co. (1888), L. R. 38 C. D. 70.

“I do not forget the position, assumed by some, that constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding, in any case, upon the parties to a suit, as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the candid citizen must confess that if the policy of the government, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal. Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink to decide cases properly brought before them, and it is no fault of theirs if others seek to turn their decisions to political purposes.”

Abraham Lincoln (1809–1865) 16th President of the United States

1860s, First Inaugural Address (1861)

“I listened to a panel of judges and I'll comment on that — I will not comment on the statements made by, um, certainly one judge — but I have to be honest that if these judges wanted to, in my opinion, help the court, in terms of respect for the court, they'd do what they should be doing. I mean it's so sad, they should be, you know, when you read something so simple, and so beautifully written, and so perfectly written — other than the one statement, of course, having to do with "he" or "she" — but when you read something so perfectly written, and so clear to anybody, and then you have lawyers and you watched, I watched last night in amazement, and I heard things that I couldn't believe, things that really had nothing to do with what I just read, and I don't ever want to call a court biased, so I won't call it biased, and we haven't had a decision yet, but courts seem to be so political, and it would be so great for our justice system if they would be able to read a statement and do what's right.”

Donald J. Trump (1946) 45th President of the United States of America

2010s, 2017, February

“I have always thought that formerly there was too confined a way of thinking in the Judges of the common law Courts, and that Courts of equity have risen by the Judges not properly applying the principles of the common law, being too narrowly governed by old cases and maxims, which have too much prevented the public from having the benefit of the common law.”

John Eardley Wilmot (1709–1792) English judge

2 Wils. 341.
Collins v. Blantern (1767)

“Duration of selection. At this point a word should be said about how long a given act of selection may take, for when actual cases are examined, the time taken may, at first estimate, seem too long for any practical achievement. The question becomes specially important when the regulator is to be developed for regulation of a very large system. Approximate calculation of the amount of selection likely to be necessary may suggest that it will take a time far surpassing the cosmological; and one may jump to the conclusion that the time taken in actually achieving the selection would have to be equally long. This is far from being the case, however.”

W. Ross Ashby (1903–1972) British psychiatrist

Source: An Introduction to Cybernetics (1956), Part 3: Regulation and control, p. 260

“I have no authority to alter the practice of the Court.”

Henry Bickersteth, 1st Baron Langdale (1783–1851) British lawyer

Balls v. Margrave (1841), 3 Beav. 449.
Quote

“I do not think I can pass over the distinct words of Sir George Jessel, who knew practice as thoroughly as any Judge who ever sat on the bench.”

Arthur Kekewich (1832–1907) British judge

Woolf v. Woolf (1898), L. R. 1 C. D. 347.

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William Brett, 1st Viscount Esher 16

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