Saturday, March 5, 2011

Quotable Quotes: too cool for stare decisis

Griffith CJ is too cool for stare decisisDoodeward v Spence (1908) 6 CLR 406, 412
[Regarding some very old cases on the status of a dead body as property:] I do not, myself, accept the dogma of the verbal inerrancy of ancient text writers. Indeed, equally respectable authority, of equal antiquity, may be cited for establishing as a matter of law the reality of witchcraft. But in my opinion none of the authorities cited afford any assistance in the present case. We are, therefore, free to regard it as a case of first instance arising in the 20th century, and to decide it in accordance with general principles of law, which are usually in accord with reason and common sense.

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