Quote: The common law consists of about half a dozen obvious propositions, but unfortunately . . . (Lord Sterndale)
ADSGarson O'Toole
adsgarsonotoole at GMAIL.COM
Wed May 8 07:46:47 UTC 2013
Here is an expression in the legal domain I thought was humorous.
Perhaps, Fred, the top expert on legal quotations, or some other sharp
legal mind on the list has seen this saying before and can share some
knowledge on this topic.
[ref] 1932, British Association for the Advancement of Science: Report
of the Centenary Meeting, (Held in London on September 23 through 30,
1931), Sectional Transactions - H - Anthropology, (Paper presented
Saturday, September 26, 1931), "The Psychological Origins of Law" by
His Honour Judge Dowdall, Start Page 448, Quote Page 449, Published at
the Office of the British Association, London. (Biodiversity Heritage
Library at biodiversitylibrary.org) link [/ref]
http://www.biodiversitylibrary.org/item/96080#page/532/mode/1up
[Begin excerpt]
Man's rational nature looks to find some presiding genius or logical
principle behind, and giving consistency to, these decisions—a god of
justice, a law of nature, etc. But such is not easily found even in
these days, and the discovery is fragmentary. 'The English common law
consists of half a dozen obvious propositions, but unfortunately no
one knows what they are.'
[End excerpt]
[ref] 1932 January 26, The Times (UK), Points from Letters: Lord
Sterndale on Common Law, [Letter from Judge Dowdall], Page 8, Column
6, London, England. (The Times Digital Archive Cengage)[/ref]
[Begin excerpt]
Lord Sterndale once said, "The common law consists of about half a
dozen obvious propositions, but unfortunately nobody knows what they
are." He was reading a case I had looked up for him, and I did not
know whether he was speaking to himself or enlightening a junior
barrister in the mysteries of the law, and as his clerk immediately
called him into Court the matter dropped. He was a leader at the time,
and I think it was not long after he had taken silk. The observation
is so witty and true that, unless it is already familiar, it deserves
record; but as the number of those who knew, Lord Sterndale diminishes
it would be interesting if any of your readers ever heard him make a
similar observation.
[End excerpt]
[ref] 1936, British Association for the Advancement of Science: Report
of the Annual Meeting 1936, (Held in Blackpool on September 9 through
16, 1936), Section J - Psychology, The Patterns of Experience by A. W
Wolters, Start Page 181 Quote Page 187, Published at the Office of the
Association, London. (Biodiversity Heritage Library at
biodiversitylibrary.org)[/ref]
http://www.biodiversitylibrary.org/ia/reportofbritisha36adva#page/253/mode/1up
Comment about the English Common Law:
[Begin excerpt]
This remarkable invention of our race has been maliciously described
as consisting of a vast body of decisions and pronouncements, all
readily deducible from a very few simple and universally accepted
principles, though no one knows what they are.
[End excerpt]
Garson
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