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1)
Common Law
Inserenda
No 1.
⊞ ⊞ To be inserted at p.5. of the Text. Whether this idea of the
Allowing this to be the case with the two sorts of Law
respectively, [whether this difference be that the essential one which characterizes
them is what I must leave to be determined by
those who have seen what has been said on that head
in the preceding chapter.
Whether there be not a man as the essential and characteristic
difference between them than this be not of quite another nature is what I shall leave
to be judged of by those who have seen what has been said
of these two sorts branches of Law in the preceding chapter. In That
This this the circumstance of being sooner or later committed
to writing, makes no difference between them at all, may
very soon be made appear. Let us Take what shall be
unquestionably an article of Statute Law, of an Act of
Parliament, for example.⊞ ⊞ Suppose this not written but verbally proposed and verbally passed. For this purpose, in order to avoid supposing it a miracle, Suppose it in every respect the
reverse of our Acts of Parliament: suppose it concise, nervous,
clear, void of superfluities: suppose it even in verse. Suppose
it from the mouths of the Parliamentary Officers,
taken by the Sheriffs of the several counties: and by them in their county courts,
as was the custom of old, proclaimed and circulated among
the people. Let it be kept thus for any length of time
in memory without touching: in particular let it be kept
longer than from the time of the landing of the Saxons upon
the Island to the time date of the 1st treatise we have of
Common Law. It will then be longer than the an article
of Common Law before it is committed to Paper. But
will it by that means be an Article of Common Law?
Identifier: | JB/028/119/001 "JB/" can not be assigned to a declared number type with value 28.
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028 |
comment on the commentaries |
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119 |
common law |
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001 |
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text sheet |
4 |
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recto |
b1 / e2 / b3 / e4 |
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jeremy bentham |
[[watermarks::[monogram] [britannia with shield emblem]]] |
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9384 |
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