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12)
[In Common Law there is something there is of
Custom] Some where or other There is something of custom in Common
Law. I mean Custom originally spontaneous. And not knowing precisely what custom is
not what else besides cus there is end it, besides Custom, Custom
it may for ought they knew be any where: it
may be every where. Now then, in producing
a specimen of Common Law, they produce
a something, and call it Custom. And being to
produce a specimen of Custom, they think
any part of thing that belongs belonging to the Common Law will serve the
turn. Unfor Most unfortunately it happens, that
this specimen which is produced of Common
Law even under the express name of Custom
is not a Custom.⊞ ⊞ I mean a Custom originally spontaneous. At least although then it is
possible perhaps might have been a Custom in the case affair, yet
is then nothing in the affair case [that affords] to give us any particular reason
to suppose so.
Of General Customs properly so termed, of General Customs originally
spontaneous, it is not [perhaps so very easy] so easy to
find a specimen. Why? because those Those that
offer themselves most readily because in most to be met with they are
abundance are Customs called Particular. [By
General Customs are meant Customs that
have prevailed over the whole kingdom. By
Particular Customs, Customs that have prevailed in
some particular, probably small district
only] Of General Customs it is perhaps so easy [as of
particular] to find a specimen. Why?
Identifier: | JB/028/129/004 "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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129 |
unwritten law custom - maxim |
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004 |
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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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