The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent


Sic et non, Justice Holmes style


From Holmes's "The Path of the Law":

"It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV."

From Holmes's review of Holdsworth's A History of English Law:

"[I]mitation of the past, until we have a clear reason for change, no more needs justification than appetite."

According to Westlaw, the former is quoted in 146 cases, 534 secondary sources, and 89 briefs, while the latter is quoted in 0 cases, 5 secondary sources, and 0 briefs.