Saturday 26 May 2012

Notable thought on precedent by Lord Denning

Many new entrants believe that there are number of precedents on each issue and there is not much scope for further growth. One has to bear in mind that Law is never static. Lord Denning compared it with streams of water. As you all know stagnated water is impure and streams of water is pure and clear. An intelligent Lawyer who could bring out a new interpretation to the existing law, based on changed times and context, will always have a satisfaction of keeping the laws pure and clear by way of
re-stating, reaffirming and developing the Law. 

Lord Denning in his Book “Due Process of Law” stated “what appears to be a new groove chiselled out by some innovation may in reality be an apt extension of the old groove into which it is led by the true spirit and intent of the Law, or it may be the old groove itself which looks new only because it has been swept clean of the

detritus deposited by a line of imperfect decisions.”
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