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4)
Unwritten Law.
That of three brothers, the the eldest, and not the
youngest shall be heir tot he second, is a
Custom: for it is a rule
Another difference between these import of the word
is, that the word "Custom" is app used to express
a course of action. What is expressed by the word Maxim
not so is applied not to express itself itself any course of action, but a species of discourse:
a proposition arranged predicated advanced concerning
courses of action such as customs are.
That of three brothers, the eldest, and not the
youngest has been and or shall be heir to the second, is a
Custom: has been I say before it has been recognized
for Law, shall be, after from that time forward.
It is a course of action⊞ ⊞ viz of occupancy on the part of one person, and acquaintance in the part of others that has obtained
with respect to the succession to property
in a particular sort of case.
"That such is or shall be the course of action
in such a case", when formed into a regular
proposition, may be stated a maxim: because
it is a proposition standing in chief over
the propositions expressing how the case has been
or shall be in the several individual instances
of such a succession that have happened or
shall happen.
But the name of Maxim has not been usually frequently
Identifier: | JB/028/127/004 "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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004 |
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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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9392 |
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