JB/028/132/001

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1)

Common Law. Division of it into Customs and Maxims
Inserenda
☞ To come in at p.5.

No 1.

To constitute therefore a custom in the legal sense of the word, to
constitute what I would call a custom obligatory, or a custom
legalized, two things are necessary. 1st The Custom in pays
the Custom itself that is to be legalized: 2dly The sort One act at least of
the person or assemblage of persons that are to legalize it:
These persons must [in the first place] be persons of the description of those
who are in the habit of punishing that is they must be Judges: persons within that
field of jurisdiction within which are the persons whose
custom is that which is to be legalized that is the Judges of over that district: the persons
within that field being in the habit of submitting to such
habit of p punishment. [In the second place they must no bbe persons]
[and not being] of that assemblage of whose acts the Custom has been
composed. As to the legalizing act, it must be an act
either actually immediately inflicting punishment on some person frodeparting
from the custom⊞ ⊞ in which case the Judge is himself the Executioner; or what is more common
in regular formed societies, an act expressing the Will
of the Judge that the punishment shall on the non-conforming
party⊞ ⊞ for his past act of non-conformity, to be, in usual course inflicted: or at least, that
it shall be inflicted in case of any instance [such] act of non-conformity
that shall happen occurr in future.

As a custom of any assemblage of persons at large
may become a custom legalized, a custom obligatory
on persons of that description by an act of those who
are Judges over those such Judges persons, so may a custom
among Judges a custom in foro [& fori] be legalized by an act of such
persons as are Judges over them; and so on through
any number of degrees. Between the manner however in which

Identifier: | JB/028/132/001 "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	132	Info in main headings field	common law - division of it into customs and maxims
Image	001	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		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9397
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