[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.
Saturday, March 5, 2011
Quotable Quotes: too cool for stare decisis
Griffith CJ is too cool for stare decisis: Doodeward v Spence (1908) 6 CLR 406, 412