JB/028/117/002

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2

Common Law.

It might pass as the an attribute belonging to the subject,
so long as it was not represented as belonging to
it exclusively: it has now however that representation given
it: the an opposite attribute being now given to the whole
[of what] remainder remnant of that which goes under the general name of Law.
Unwritten Law, this is the appellation under
which the whole of what remains of Law is included
by our Author. I will tell at once what
is I take to be the essential character of the branch that stands
distinguished by this paradoxical and unmeaning
epithet: a property which marks a clear line
of distinction between that this and the branch we
have treated considered touched upon of already.

Every thing he our Author speaks of under by the name of Written
Law is characterizable by this description: It is
Law that is become such by the express declaration
and appointment of the sovereign Legislature supreme body.
Whatever he speaks of under the appellation of Unwritten
Law, is what is become such not by any
express declaration and appointment of theirs, but
merely by their acquiescence. The first is a product
of their own native growth; the latter of their
naturalized importation: The first their own indigenous self-formed
will, the other their will only no otherwise than by adoption, and
that only a tacit one.

Laws self-invented, of their own contrivance by Establishment – Laws by allowance – Laws Importation

Identifier: | JB/028/117/002 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	117	Info in main headings field	common law
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / b2 / f3 / b4
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9382
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