单词 | hard cases make bad law |
释义 | > as lemmashard cases make bad law b. hard cases make bad law: difficult cases cause the clarity of the law to be obscured by exceptions and strained interpretations. ΘΚΠ society > law > legislation > legislation [phrase] > specific basis of hard cases make bad law1832 1828 B. Rand in D. A. Tyng Rep. Supreme Court Mass. (rev. ed.) 10 328 (note) In reading this case one is reminded of the saying of Mr. Justice Buller. ‘Hard cases make shipwreck of the law.’] 1832 J. Patteson in Legal Observer 22 Sept. 332/1 Although this may be a hard case, we do not know where it will stop; for hard cases make bad law. 1861 Evening Herald 14 June 4/2 ‘Hard cases make bad law’ is a maxim often referred to by judges when they are pressed to strain the law in order to avoid an injustice. 1909 Spectator 22 May 809/1 ‘Hard cases make bad law’, and also bad policy. 1955 Amer. Bar Assoc. Jrnl. Jan. 15/2 It is a truism that hard cases make bad law, and many of the technical absurdities found in the law had their origin in the humane effort of judges to escape from the imposition of excessive sentences. 2006 Independent 24 July 24/5 I realise that ‘hard cases make bad law’. But I believe that sooner or later we shall have to contrive a law that, in certain strictly limited cases, will permit assisted suicide. < as lemmas |
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