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Unwritten Law. Custom and Maxim.
We are now to attend our Author to a passage
where he assumes a new character: and assum
where from the indiscriminate panegyrist he makes a sudden turn becomes all at once the critic
oof his predecessors. The ⊞ ⊞ This [new character, its as evil destiny will have it sits on him but awkwardly] eccentric attempt, as evil destiny will have it, succeeds but ill with him. It is to be lamented that he
should be thus unfortunate in one of the few
attempts he makes ventures to signature his discernment.
The Common Among those abstract terms that
ae most frequently bandied about in legal
discourse, two there of especial note, Custom
and Maxim. Custom Of these terms
one thing is certain, that they have been applied
to different purposes. For the observation Observing
Some purists this difference, there have been writers who revolving in
their minds different articles of Jurisprudence,
have made two correspondent classes of them to
correspond to those several denominations, and
have denomi stated entitled one of those classes by the name
of Customs, and the other by that of maxims.
The propriety of this distinction our
Author takes upon him to deny. For says
he, there is no purpose for which either of them
can be applied to any of the articles they have comprised
under it, but what the other might be applied
for to the same articles with equal propriety.
But let us hear his words.
Identifier: | JB/028/127/001 "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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127 |
unwritten law custom and maxim |
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001 |
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text sheet |
4 |
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recto |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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9392 |
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