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3)
Unwritten Law. Custom and Maxim.
The first mention of the words, without the help of some such
examples as he has himself has given us.
By Custom then to Maxim in the its most general import sense⊞ ⊞ and that in which it is used without particular reference to regulations of Law in which it is used, I understand, and I suppose others
have understood, a more special Rule of an agreement among individual
Law, established concerning one particular spcies modes of conduct, that have been
of action, that is the mode of the conduct to be observed in some one particular
sort of case.
By Maxim, on the other hand I understand
a more general and extensive rule of Law,
deduced from the observation of the rules that
have obtained concerning actions of different
and variously characterized species.
A Maxim, maxima (propositio or some such
substantive understood) is a chief proposition,
including other lesser for extended and more specific propositions
as it's species.
The sort of rule called a Maxim, is a genus
deduced by abstraction from a number of the particular
rules expressive of so many customs,
deduced from them those rules, I say, as its species.
Or lastly A Maxim is a general rule, expressive
of the agreement of an assemblage
of particular courses of action, such as are
called customs, in my point of view.
Identifier: | JB/028/127/003 "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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003 |
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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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