JB/028/129/003

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11)

Custom & Maxim

[They tell us that] Common Law (they believe) was established by
consent of the consent that is of the body of the
people whose acts conduct of whom it regulates, and that in
this respect it is distinguished, and that to
its advantage, from the Written Law. When
asked for a proof of this consent, they give us point to
Customs. Customs they are from Of Customs they say it is composed. By consent it is
that Customs are established: When ⊞ ⊞ When corrected by what we have [observed above] been at so much pains to shew – from consent they
will say, at least they flow'd.

When asked for proof of this consent, they
produce us perhaps a specimen of a Custom at first really
flowing from consent, a Custom at first really
spontaneous. A Custom that at first had obtained
of itself in pays, and then was legalized. But
is the whole body are Customs like these the sole ingredients of the
body of the Common Law? by no means. [To these
In the whole mass of Common Law is there nothing
else but Customs such as these? By no means]
Not so, most certainly. Single Acts Modes of conduct or for the first
time of their appearance, single acts single modes of conduct are legalized,
and then flows indeed a custom of observing
modes of conduct of the sort. But is this
custom a custom flowing from consent? With
reason precisely equal it might it be said say, that the
custom of observing Statutes was a custom flowing
from consent: and thus the common this much magnified property
by which Common Law is to be distinguished from
Statute, is a property that belongs [alike] to both
[in common]. Ought To situations of things thus different should
[to be characterized by] the same name be now given?

Identifier: | JB/028/129/003 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering
Box	028	Main Headings	comment on the commentaries
Folio number	129	Info in main headings field	unwritten law custom - maxim
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f9 / b10 / f11 / b12
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9394
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