The Dignity, Service And Prospects of the Profession of Law : An Address Delivered On the Eighth Day of January, 1877, At Lincoln, Nebraska, Before the Nebraska State Bar Association

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17 Bentham invented the term, judge-made law ; and his disciples have ever since delighted in its use, analysis and explanation. He invented it to indicate, in his violent way, his contempt of a cer- tain expression, or mode of law : they use it, with more respect for that product, as both good in itself, and a true command of the Sovereign.
What he meant by this term, was that large body of law which is not enacted by the Legislature, and written in the statute book, but is worked out by succe
...ssive judicial judgments, and embod- ied in the rules of judicial decision, and contained in the thousand and ten thousand of volumes which line the walls of your libraries. The term answers sufficiently to his meaning, but is not precisely descriptive of the fact. True, the judg- ment, the rule of decision, is the enunciation of the Judge; the form of words is his, the act of utter- ing them is his ; his, the supreme function of magistracy, which gives them authority. But before that form of words is reached, the doctrine formulated in it has been conceived, analyzed, tested, and developed by a preceding process ; his act of utterance, by which he stamps that with his authority, is the result and end and endorsement of a truth, v/hich has been already approved to reason, and bears its own resistless commendation.

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