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Common Law ☞ continued from p.12. of the black lined paper
⊞ because it is not so easy to find [many] a large multitude of persons concurring
in any mode habit of conduct, as a few. That Between
persons agreeing in any mode habit of conduct one naturally
expects to find some communication. Some
communication of the [views considerations exigencies and motives] that might
have dictated it. That there should be any such
communication among the inhabitants of a whole
kingdom, especially in those early agesunder unsocial barbarians, where
the man of one county was a foreigner to that
the man of another, is what can not in general
seem very probable. That circumstances of convenience or
inconvenience should in like manner extend themselves alike exist and be
apprehended throughout a whole kingdom, is not so probable,
as [in a lesser district.] within a lesser circle.
At the same time, examples of points of Law, said to
originate, & not probably originating from General
Custom, are not absolutely without example.
The action that is brought against a Carrier to oblige
them him to make good a loss or damage done
to goods entrusted given to him to carry, is said to be
an action brought upon the Custom of the Realm. It is
now the Custom of the Realm that Carriers shall
make good such loss or damage. Carriers are now
by Law, by⊞ ⊞ by prospect of Punishment, obliged to make it good. Time was, it
seems not improbable, that when they were not as
yet obliged to do so: when notwithstanding, the so their
Identifier: | JB/028/121/001 "JB/" can not be assigned to a declared number type with value 28.
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jeremy bentham |
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