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5)
Unwritten Law.
applied to propositions thus narrow [in the
extent] We shall see experience apprehend the common usual import of
it much better from the examples [to which
in the authors writers by our author it stands
applied.] produced above particular referred to it.
"The King can do wrong": this is a maxim: for
it is a proposition standing in chief over sundry
propositions that only might be assigned: it is a general
and extensive rule of Law, deduced from the observation
of the sundry rules that have obtained concerning
actions of different and variously characterized
species: a spe proposition expressive
of the agreement of an assemblage of particular
courses of action in a certain point of view.
We will find point out these courses of action, and
resolve it into these rules: but first we must
fix a precise import to the proposition itself.
For As to the mode of expression it is productive figurative
and obscure upon the face of it: it is paradoxical. It's obscurity
has been a means of fixing grafting two senses upon
it: in one or other of which it forms two very
different propositions.
One is, that the King can not be punished for
doing that which would be wrong and as such
punishable in another man.
Identifier: | JB/028/128/001 "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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128 |
unwritten law custom & maxim |
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001 |
note |
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text sheet |
4 |
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recto |
b5 / b6 / b7 / b8 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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9393 |
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