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2
Inserenda
Unwr. Law. Custom 𝓧 Maxim
One difference is perceptible at once. By Custom
is applied meant the usage itself action itself: a course of actio conduct a usage: By
Maxim, a proposition in words, asserting that
some usage [to have existed.]
To come in at p.3 after ["he himself hath given us."]
There is therefore then such a thing as a maxim
asserting the existence of a custom an individual a single custom:
but the import given to the word maxim
is usually more extensive
A Custom in the legal sense of the word may be distinguished according to
the persons among whom it has obtained into
a Custom in pays, to use the technical
term, and a Custom in foro. And again a Custom
in foro into a custom sub foro , and a Custom
and fori.
A Custom in pays or⊞ ⊞ as the word in its literal cognification means in the country is
an agreement among individual modes of conduct
that have obtained among persons not invested
with legal power, or not considered [for
this purpose] inasmuch as [being] they are invested with
legal power, concerning in some particular sort
of case, liable to become an object a subject of legal regulation
to the Law.
A Custom sub foro In a court is an agreement among
individual modes of conduct that have obtained
among persons in the exercise of legal power functions⊞ ⊞ subordinate to that of Judge in the Court in question
concerning a particular sort of case that is of a nature to become
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Identifier: | JB/028/126/002 "JB/" can not be assigned to a declared number type with value 28.
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not numbered |
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028 |
comment on the commentaries |
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126 |
unwritten law king no wrong custom & maxim |
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002 |
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text sheet |
4 |
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recto |
/ b2 / f3 / b4 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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9391 |
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