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2)
Common Law
Inserenda
No 1 continued
As No. It was plainly Common an Article of Statute Law from the first,
and such, tho' never committed to writing at all, it
would remain for ever. Why? because from the 1st
it was an express declaration of the Will of that supreme body whose
office it is to make Law, issued by themselves.
No 2. continued from p.12.
They Rules on this head, which however are much more rules
of his own than rules of Common Law, our Author has
given laid down. Of These, in order to judge whether of these the probability
of their having so remote and sublime an origin
as he has given them, it will be necessary to look into to take a brief survey.
The first of them is in effect that general one which we
have just had occasion to mention. The manner in which
he mentions it, and the pains he takes to come palliate
it's turpitude are curious and amazing. Obliged to say something bring it
into view of it, ashamed to paint it in it's genuine natural colours,
unable to defend justify it, and resolved not to condemn censure it, he has
varnished it over and given it an aspect precisely
the reverse of that which is it's genuine one. Let us mark his ingenuity.
The words of the rule as he gives it us are these
"That the construction be favourable, and as near the
"minds and apparent intents of the parties, as the rules
of law will admitt."† † V.II. ch.23. p.379. – It is This smooth sophistry shall Shall we bow down and now [give a permit]
to this sophistry it pass upon us? No: never.⊞ ⊞ Out shall come the truth, In the bulk of it shall the truth come out, naked, even as it ought to come. That to There a truth in The truth, That truth which
the public has a so near an interest is so nearly concerned to know shall be told, and
plainly told, be our author as ever so unwilling. Yes,
it is but too true, and this is the way our Author has
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Identifier: | JB/028/119/002 "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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119 |
common law |
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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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