JB/028/131/002

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2)

Common Law. Division of it into Customs and Maxims.

"the Common Law, is by shewing that it hath been
"always the custom to observe it.† † p.38 [Some little pains
will be necessary to clear up this confusion.] To lighten
this darkness some little pains will be found we shall find necessary.

Above Before all things we must ascertain the meaning of
the words Custom, Maxim: we must learn to annex
clear ideas to these terms. They Of neither of them has any tolerable definition
has ever yet been given to them. We For each of them we must endeavour
to find out one of the by [observing diligently a comprehensive and diligent
observation of the objects to which to what objects they] have been applied.

The word Custom in Law has a peculiar sense, very
different from⊞ ⊞ and yet not so different as not to be liable to be confounded with it. In the first place therefore let us see what is that common one. the common one.

⊞ ⊞ Custom, to speak of the common of it, Custom is referred either to one a single person of many to a multitude. It is spoken of as being the custom either of one man a single person or of many a multitude. By Custom, in the common sense of the word mentioned with reference to a single person, we mean
an assemblage of such successive acts of that one person among which there is an uniformity,
a similarity is observable, in other words an assemblage
of acts of the same kind. It is my custom to
walk out before breakfast to in term time to Westminster Hall. What do I mean is my meaning when
I say this in saying? That say walking out before breakfast That the act† I do in going in term time to Westminster Hall
any given time day of term time the term is one of an assemblage of like
successive acts of mine similar in this in that they all come under the general description of walking out before breakfast going in term time to Westminster Hall. [One
thing we may observe] of a custom in this sense of
the word one thing we may observe, viz: that the acts
of which we suppose it to be made up when we speak of it
as subsisting of any be given time, are all [past]
with referece to that time, past: they are not any
of them future. To say the it is my custom that
I shall go in term time to Westminster would is one expression that what could not fail of striking

NOTE
† In stead of act I should in strictness have said "train of conduct": since it is not one act that is sufficient, but a great multitude of successive acts that are necessary to carry me to that distance. I thought it of use to point out the Impropriety, in order to prevent confusion, & guard against objections. I thought proper nevertheless to give being to it, rather than by rectifying it give an air of stiffness & obscurity to the discourse.

Identifier: | JB/028/131/002 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	131	Info in main headings field	common law division of it into customs and maxims
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b1 / e2 / b3 / e4
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9396
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