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2)
Common Law – Division of it into Customs and Maxims.
That the punishing legalizing a custom judicial if not applied
to the Judges, but to the Suitors.
2. How the apprehension sense of vacation reversal makes a custom Judicial
be regarded as obligatory – of the apprehension of the Moral Teacher
a custom in pays is legalized, and the manner in which
a custom in foro [in fori] is legalized there is this difference.
To legalize a Custom in pays, the punishment
that is necessary is the punishment either inflicted or
at least threaten'd of the persons of the descriptions of
those whose custom it has been. To legalize a Custom
in foro, punishment also, the punishment of somebody
is still necessary but this punishment is not ⊞ ⊞ to appearance in this case in the 1st instance the punishment
of those persons [in the first instance] of the description
of those whose custom it has been, in this case.
Of Judges as such the sole function occupation is in a manner is reducible
to [that] the single one of punishing; or at least of doing such acts
as usage has made necessary to the determining whether
punishment in it any case proposed shall be
admonished or no. Accordingly 'tis of as other acts those acts of punishing
or acts done as above mentioned in order to punishment
punishment, or forbearance of punishment that is to acquittal, that the
Customs of persons of this description can be consist composed. There being therefore punishment necessarily
in the case, it is not to appearance necessary that in order to legalize
such a custom as this latter, of that punishment the persons whose
custom it is should be the objects. To legalize such a
Identifier: | JB/028/132/002 "JB/" can not be assigned to a declared number type with value 28.
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comment on the commentaries |
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132 |
common law - division of it into customs and maxims |
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b1 / e2 / b3 / e4 |
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jeremy bentham |
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