Judges are by no means favorable to things raised recently and subtly against the common law.

Explanation

(English-origin maxim.) Courts regard with suspicion novel doctrines raised against established common law principles — innovations that would displace settled law bear a heavy burden of justification.

Where this applies

• A lawyer introduces a brand-new legal theory that contradicts centuries of common-law property rights, and the judge treats it with deep skepticism.
• A party asks the court to overturn an established rule of evidence based on a recently published academic article, and the court declines because novel ideas raised against settled law carry a heavy burden.
• A defendant argues that a long-recognized common-law defense should be abolished based on a trendy new philosophy, and the court refuses to abandon the established principle.