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21)
Common Law.
[habit of concerting] that the way to make their notions respectable
is to fashion them as unlike as possible to those
of other men. [that their opinions notions are respectable, in proportion
as they stand wide from those of other men.
Ld Coke, the oracle of the Law, and the idol of our Author.
Ld Coke the original [source] manufacturer of many of these rules, Ld
Coke was impregnated with it to the very marrow.
We shall see it breaking out in him as we go on advance in
more instances than one.
With respect to the origin of these rules the truth of the
matter seems to be, that the Laws have b the cases produced as examples
of them, and in the character of determinations or opinions
grounded on their authority, are in fact no other than
the very sources from whence they have been deduced.
By the word "therefore" prefixed to every example, our Author would
fain induce us, indeed, to believe the contrary. But
the habit practice of producing representing a of a decision as the consequence
[deduced from] of the rule it really gave birth to, and of prefacing
it by the word "therefore" to give colour to the
deception, is a kind of logical anachronism than
which nothing is more frequent with our Author.
Such being the antiquity (as well as such the dignity) of
these rules for the construction of deeds, we may judge
what likelyhood there is of their being that these articles
of Common Law (if such they are to be deemed) are ground what
he would have us think the whole of it to be, "of higher
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Identifier: | JB/028/124/001 "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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124 |
common law |
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001 |
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text sheet |
4 |
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recto |
b21 / e22 / b23 f23 / e24 |
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jeremy bentham |
[[watermarks::[monogram] [britannia with shield emblem]]] |
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9389 |
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