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8
Unwritten Law. Custom. Maxim
There is even still a latent ambiguity, which
must be cleared away, e'er we can proceed with
accuracy, by a further division.
It may still be understood to express announce two different
things; either 1st a usage that has as having obtained
in a past King on past occasions, a usage not consider'd
as having exerting any influence on the future, or else
a rule of Law, applicable to the future occasions,
from whether deduced from the consideration
deduced, that of past usage or any other.[ ]
To express the first sense we will change the word "is" into
the words, "has been"⊞ ⊞ or, to make the usage constant inviolate perfect has always been "The King himself has
always been exempt from punishment."
I am the first suppose who ever pronounced
this proposition: It is upon reflection I have
pronounced it: it is the result of observation
that I have made. I have taken requisite
measures to obtain all the assurance that which
the nature of it [the facts] affords, that what it announces
is a truth. How then have I proceeded?
thus.
Article The term Punishment (said I to myself) is employ'd
generally: it means the same as all
Punishment: that is, all the Punishment that
there has been in any case. Punishment is
Identifier: | JB/028/128/004 "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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128 |
unwritten law custom & maxim |
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004 |
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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