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

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

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "A casus omissus can in no case be supplied by a Court of law, for that would be to make laws." by Sir Francis Buller, 1st Baronet?
Sir Francis Buller, 1st Baronet photo
Sir Francis Buller, 1st Baronet 24
British judge 1746–1800

Related quotes

Lloyd Kenyon, 1st Baron Kenyon photo
Lloyd Kenyon, 1st Baron Kenyon photo

“Courts of equity make their decrees so as to arrive at the justice of the case without violating the rules of law.”

Lloyd Kenyon, 1st Baron Kenyon (1732–1802) British Baron

Clayton v. Adams (1796), 6 T. R. 605.

John Marshall photo
John Eardley Wilmot photo
Antonin Scalia photo

“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

Fali Sam Nariman photo
Learned Hand photo

“Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it…”

Learned Hand (1872–1961) American legal scholar, Court of Appeals judge

“The Spirit of Liberty” - speech at “I Am an American Day” ceremony, Central Park, New York City (21 May 1944).
Extra-judicial writings
Context: What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it… What is this liberty that must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not the freedom to do as one likes. That is the denial of liberty and leads straight to its overthrow. A society in which men recognize no check on their freedom soon becomes a society where freedom is the possession of only a savage few — as we have learned to our sorrow.
What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest.

Marc Randazza photo
Lloyd Kenyon, 1st Baron Kenyon photo

“The practice of the Court forms the law of the Court.”

Lloyd Kenyon, 1st Baron Kenyon (1732–1802) British Baron

Wilson v. Rastall (1792), 4 T. R. 757.

Michael J. Sandel photo

Related topics