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2
BOOK III. SECT. Statute Law
2
The view of our Author in the Section we are
proceeding to examine is this: it is to take a
general survey of the body System of the our English Law [neither
] according to its division into two classes
the Written otherwise called Statute and Unwritten otherwise called Common Law considering nothing
of the characters that belong to the several Laws
in it individually; but only according as they
rank under the one or the other of those classes⊞ ⊞ or at least under some inferior division that is subordinate to one or other of them respectively.
In this view he begins with sets out the Unwritten Law:
for this reason probably as being standing the first of the two in order
of production generation creation.
3
Now In order of production creation, it certainly stands first.
Before Statute Laws were penned written, before any
Laws were penned expressed in writing, in short before any Laws
(meaning general Laws commands) were delivered framed indeed many manner expressed at all framed – or by any signs expressed States
being notwithstanding formed, the people of them
were governed by sets of that sort of transient
and particular rules that of which is composed what is called stated the Common
Law. By general rules of conduct unauthoritatively
framed by each individual for himself, from
the observance of the course of conduct habitually observed maintained
by those in power in the⊞ ⊞ issuing of particular commands, or and in distribution of their
Punishments and their Rewards.
But in due order of intellection and of teaching, now that we have the other it as
certainly stands last. The character of the whole
and the particular action of the several articles any article (as such) of those
that compose it, can not be understood in any
Identifier: | JB/028/091/002 "JB/" can not be assigned to a declared number type with value 28.
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comment on the commentaries |
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091 |
book ii sect. i stat. law kinds of statutes |
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jeremy bentham |
[[watermarks::[gr with crown motif]]] |
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