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10)
Unwritten Law. Custom đ§ Maxim
of offence in particular, I form to myself, in
conclusion this general proposition, that there
is no instance where the King has been
punished, and or in other words that "the King
has always been exempt from punishment".
Number of Customs limited
Number of Maxims arbitrary
So far is it from being true the same with a Custom
that it is may be taken from Statute Law as well as Common.
An Act such as a man obliges himself to by Contract
may be perfectly singular. No habit of performing
an act of the like description or of permitting it
having ever obtained, nor in the nature of things
capable of obtaining.
That because they have done so so long with
because they liked it, they shall do it for the
future whether they like it or no.
The ground expectation
The Expectation may be derived from 1st Custom
of Identity 2. From Custom of Analogy.
Punishment of Crimes has for its ground
irremediable Utility. Not the saving of the
Pain of disappointment & encouraging the
pleasures producible by the service the contract
for which is made obligatory â but
the preventing of other pains.
Where a Court has taken up a Custom and made
it obligatory; and so the custom has continued: and
Where it has made a single act obligatory; and
thence has flowed a Custom of not of the
Identifier: | JB/028/129/002 "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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129 |
unwritten law custom - maxim |
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002 |
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text sheet |
4 |
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recto |
f9 / b10 / f11 / b12 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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9394 |
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