Publisher's Synopsis
Excerpt from The Law of Sales
I conceive law to be the aggregation of rules which courts of justice feel themselves more or less obligated to follow in deciding controversies. To some extent these rules are formulated and declared by legislative author ity. Most of them, however, have been evolved by judges themselves.
These latter rules are not always easy to formulate; if they were, there would be no need for real text-books. Even the precise utterances of various judges can not always be accepted as rules. I believe that no judge has power, either practically or theoretically, to bind other judges by any declaration of rule or command, but that the only obligation felt by courts is the obligation to con form to prior judicial action. It is therefore prior judi cial conduct under given circumstances which determines the action of later judges, rather than prior declarations as to what such conduct ought to be.
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