Hard cases make bad law definition

Hard cases make bad law means “Hard cases [tend to] make bad law” qua law for the future. Judicial efforts to reform even the common law are often unproductive or counter-productive. “The law is an ass” is sometimes a consequence of judges’ thinking their predecessors’ law an ass.

Examples of Hard cases make bad law in a sentence

  • That cost has been demonstrated so often that it is captured in a legal aphorism: "Hard cases make bad law." Consider the cautionary tale of our decisions in United States v.

  • It is in this context that the maxim "Hard cases make bad law" seems particularly apposite.

  • Discussion paper: Hard cases make bad law: Reactions to R v.T. Law, Probability and Risk, 11, 347-359.

  • Ls Bossig >tol ti.,It has been urged at the Bar that iiardsliip willresult in some cases if irregular and erroneous orders are not set right without delay, but the reply is thathuman ingenuit3,^can devise hardly any law which vfillnot operate harshly at times.‘ Hard cases make bad law ’ and it appears to me, that in most of the cases cited for the petitioner the Judges have interfered in oblivion of this maxim, cer­ tain it is that they have given no logical justification of; their, intervention.

  • Indeed, there is a tendency these days to initiate legislation on the basis of notorious individual cases—Megan’s Law, for example.92 Hard cases make bad law, it is sometimes said.

  • SECTION 15-15 OF THE ITAA 1997 – PROFIT-MAKING UNDERTAKINGS OR PLANS Hard cases make bad law.

  • Indeed, there is a tendency these days to initiate legislation on the basis of notorious individual cases—Megan’s Law, for example.ç2 Hard cases make bad law, it is sometimes said.

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