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22)
Common Law.
"antiquity than memory or history can reach".† † Introd. §.3. p.67.
6. As to the Rules of expounding Acts of Parliament, those
at least which our Author has given us, what there is
in them we have already seen. What has been said The representation
that has been given of their dignity and use may serve to give us an idea
of their antiquity.
7. As to the respective remedies of civil injuries: this One
for the most part in of these may be a sum of money and satisfaction:
the same remedy it should seem that is to be had and always
has been to be had all the world over for the same grievances:
a remedy for which I see no reason for thinking
ourselves particular indebted to our Saxon ancestors.
F The other is specific restitution: This remedy the
caprice or pedantry or knavery or [lunacy] idiotism of our the
manu Norman manufacturers of our Common Law has
in most cases denied: whether copying or no in this behalf
the example of their Saxon predecessors would be not
easy perhaps to find out, and would hardly be worth the
while. What is worth mor the while to think of is that
we are harrassed distressed by the want of it to this hour.
8. The 8th branch of the Common Law specified by
our Author is that extensive one which prescribes
"the several species of temporal offences, with the manner
and degree of punishment: a branch of Law in
which we see not near so much of Alfred or
Edgar or Edward the Confessor, as we do of Lewis,
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jeremy bentham |
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