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Hard cases make bad law is an adage or legal maxim meaning that an extreme case is a poor basis for a general law that would cover a wider range of less extreme cases. In other words, a general law is better drafted for the average circumstance as this will be more common. [1] The original meaning of the phrase concerned cases in which the law ...
The Holmes dissent included the famous passage: "Great cases like hard cases make bad law. For great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment."
Hard cases make bad law; Hard work never did anyone any harm; Haste makes waste; He that goes a-borrowing, goes a-sorrowing; He who can, does; he who cannot, teaches; He who hesitates is lost; He who laughs last laughs longest; He who lives by the sword, dies by the sword
The phrase has become a rallying cry for legal reformers who view courts, tribunals, judges, arbitrators, administrative law judges, commissions [A] or governments as acting too slowly in resolving legal issues — either because the case is too complex, the existing system is too complex or overburdened, or because the issue or party in ...
An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. This view is strongly associated with natural law theorists, including John Finnis and Lon Fuller. [1]
A page on Facebook posted a quote attributed to Nancy Pelosi about immigrants in the U.S. illegally. But there's no proof she actually said it.
Lord Campbell's reference to bad law was a reference to wrongly decided cases. [20] Robert Deal said that because the "bad Ellenborough law" is no longer extant, it is not possible to be certain that it actually was bad. [21] The Law Journal said that Campbell's drawer for Lord Ellenborough's bad law was probably opened rather too arrogantly. [22]
A New Jersey man was convicted Friday of attempted murder for stabbing author Salman Rushdie multiple times on a New York lecture stage in 2022. Jurors delivered the verdict after deliberating for ...