JB/028/132/003

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3)

Common Law. Division of it into Customs and Maxims.

custom it is sufficient so far it is to appearance sufficient that in case
of any instance of non-conformity the command of the
non-conforming Judge be encounter'd by an opposite
command persistence of a superior judge taking the same assemblage of persons as the first assemblage
did for its viz, the Suitors objects: that is to use the same current phrase
if it be reversed by a Judgement of a superior Court.
I say in the first instance; for if the inferior Judge
proves refractory, and persists in the enforcing of his order,
it is plain that ultimately it is his punishment
that will be necessary in order to make the custom
he would depart from binding upon on him. I say
also to appearance; for at bottom it is plain unquestionable, that
it is a make by the prospect of his own punishment only by the can a
man be bound. But to in the mind of a Judge subject to feel
incessantly the controul of a superior Judge, the
ideas of a counter-command of t by such a superior and the punishment
of annexed to the non-observance of it are
so intimately associated, that the first is understood
to have the same effect upon the inferior Judge
to make his custom binding on him, as the prospect
of a specific punishment has upon the ordinary
subject.

Identifier: | JB/028/132/003 "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	132	Info in main headings field	common law - division of it into customs and maxims
Image	003	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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