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3)
Common Law
Inserenda
given us to understand it, in cases there are, where certain
"rules of Law do not "admitt" a deed "to be construed
"according to the minds and apparent intents of the parties".
I speak not of those cases where the disposition of the itself
Law is such as the Law, for reasons politic or otherwise,
has refused to carry into effect. I speak not of those
cases where the Law has given no promise of assistance.
I speak of those where it having made a promise with
one breath it violates that promise in another, I speak
of those so in which rules, according to (an example we have seen already)
according to which a disposition in itself acknowledged to be legal
is not to be carried into effect for want of certain legal words:
words which were it not for that express appointment, which
is men are never told of, and which a man must be a sorcerer
to divine, would appear to carry quite another meaining
than what is given them. Yes I must again repeat it
which nobody is told men are never told of: for I do not it is not to call it, telling
men in general, the burying here and there by accident
a few obscure notices [of them] in a lay-state of legal
gibberish, which no man makes into that is not paid.
When the danger threatens spreads itself the over every man in the Kingdom, it
is no not to be called warning for a chance lawyer to get up as in Westminster
Hall and whisper to his fellows "there are men-traps here.
These are the rules our Author should have given us a
list of, had he meant to tell us what was should be worth the
telling. But that these productions of knavery or pedantic
caprice (it is not easy to say which) were invented by the Saxons,
Identifier: | JB/028/119/003 "JB/" can not be assigned to a declared number type with value 28.
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jeremy bentham |
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