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3
Common Unwritten Law.
Thus apprized of the [general and] real nature character
of the subject we shall neither be startled at nor
confounded by the articles into which he has
branched it. They here [are those which] follow.
[We will give them] in his own words.
"The Lex non scripta, or Unwritten Law.
Written a great part of it, at the very moment
of its generation being made: and a still yet greater, at the time
of its adoption being adopted.
They have not present to their minds the idea of any one
article in particular to which what they have said of the whole
need can be applied.
"includes not only General Customs, or the Common
"Law properly so called; but also the Particular
"Customs of certain parts of the Kingdom;
"and likewise those Particular Laws, that are
"by custom observed only in certain Courts and
"Jurisdictions".
The next paragraph is to explain and justify the
appellation: which when first proposed before explanation is apt to convey a
false idea; and by the time he has explained it
conveys none at all.
"When I call these parts of our Law Leges non
"scripta, I would not be understood as if all those
Identifier: | JB/028/117/003 "JB/" can not be assigned to a declared number type with value 28.
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not numbered |
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028 |
comment on the commentaries |
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117 |
common law |
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003 |
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text sheet |
4 |
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recto |
f1 / b2 / f3 / b4 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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9382 |
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