² R. v. R.D.S. (1997) SCC, para. 56.

³ King v. Sussex Justices, Ex parte McCarthy, [1924] 1 K.B. 256, at p. 259.

⁴ Kanda v. Malaya, [1962] A.C. 322, 337.

⁵ "Hayek as Humean" by Donald W. Livingston, Critical Review, vol. 5, no. 2, Spring, 1991.

⁶ With legislated law, -- legislation being another topic -- the judge need not, at least theoretically, deal the first step, as described.

⁷ Leoni, Freedom and the Law, p. 22.

⁸ The Public Philosophy, at p. 53.

⁹ Lord Justice Coleridge; Brownlow v. Egerton, 1854.

¹⁰ Cory, J.; R. v. R.D.S. (1997) SCC, paras. 31-4, 58.)

¹¹ Commentaries on Judicial Conduct (1991), at p. 12. In a speech given by Robert G. Ingersoll, a successful 19th century lawyer who was to become the attorney-general of Illinois, said, "We must remember that we have to make judges out of men, and that by being made judges their prejudices are not diminished and their intelligence is not increased.

¹² Cory, J.; R. v. R.D.S. (1997) SCC, paras. 69-71.

¹³ The Nature of the Judicial Process (1921), at pp. 12-13, and 167, as quoted by the Supreme Court of Canada, R. v. R.D.S. (1997), 161 N.S.R.(2d) 241 (SCC), para. 108.

¹⁴ Law and Literature [1931].)

¹⁵ Burnet v. Coronado Oil and Gas Co., 285 U.S. 393, 406 [1932].

¹⁶ The Paradoxes of Legal Science [1928].