 | Martijn Hesselink - 2002 - 290 páginas
...BERGH, Geleerd recht, 4th ed., p. IV. See also OLIVER WENDELL HOLMES JR., The Path of the Law', p. 187: 'It is revolting to have no better reason for a rule...that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and... | |
 | Walter Jacob, Moshe Zemer - 2002 - 204 páginas
...thereby concede that the same decision is right for all time. We would agree with Justice Holmes that "it is revolting to have no better reason for a rule...that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and... | |
 | Zeynep Direk, Leonard Lawlor - 2002 - 404 páginas
...homosexual sodomy but as the right "to be let alone."36 Quoting Justice Holmes, Blackmun reminds us that: It is revolting to have no better reason for a rule of law than that it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was... | |
 | Marcus George Singer - 2002 - 362 páginas
...be established in a community by acceptance and occasionally by agreement. But the idea is the same. It is revolting to have no better reason for a rule of morality than that so it has been since time immemoriaL That is the reason that often operates in customary... | |
 | Tom Goldstein, Jethro K. Lieberman - 2003 - 289 páginas
...strong, but it rarely justifies what we are doing. Justice Holmes once wrote in a different context, "It is revolting to have no better reason for a rule...that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and... | |
 | John T. Noonan Jr. - 2002 - 222 páginas
...president may call to service: US constitution, art n, sec. 2; Supremacy Clause: US constitution, art. VI. "It is revolting to have no better reason for a rule...that so it was laid down in the time of Henry IV.": OW Holmes Jr., "The Path of the Law," 10 Harv. L. Rev., 469 (1897). INDEX abolitionism, 17 Acker, William... | |
 | Paul O. Carrese - 2010 - 350 páginas
...famous for declaring that principle and not precedent defines English law, and Holmes for declaring that "it is revolting to have no better reason for a rule...that so it was laid down in the time of Henry IV" 50 What separates Montesquieu, Blackstone, and Mansfield from Holmes, however, is the insistence that... | |
 | Jonathan D. Culler - 2003 - 400 páginas
...homosexual sodomy but as "the right to be let alone."3' Quoting Justice Holmes, Blackmun reminds us that: It is revolting to have no better reason for a rule...that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and... | |
 | Terrie Waddell - 2003 - 260 páginas
...this sort of logic that US Supreme Court Justice Oliver Wendell Holmes had in mind when he wrote, "1t is revolting to have no better reason for a rule of...than that so it was laid down in the time of Henry 1V." 3 As for retribution serving as a justifying principle for capital punishment, whatever appeal... | |
 | Tom Goldstein, Jethro K. Lieberman - 2003 - 289 páginas
...we ate doing. Justice Holmes once wrore in a different conrext, "It is revolting to have no berrer reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and... | |
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It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation... 
