JB/028/133/001

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5)

Common Law. Division of it into Customs and Maxims.

punishment [should they not observe it] in the case of their
not observing it, that the custom spoken of as being their
custom, is in the legal sense of the word, a Custom.

In a custom (using the word now in its ordinary sense)
in a custom I say of itself, it is plain there is
nothing to make it obligatory.⊞ ⊞ to make it. Such a custom the announcement of which forms an article of Law [as enters into the composition of] as serves to constitute a member of the body of the Law. It is not my having
gone for twenty terms together to Westminster Hall
that obliges me to go the twenty-first. It is not
twenty Barristers' having one for twenty terms together
that obliges them or any other Barrister to go again.
But make it penal for Barristers not to go to Westminster
Hall in term time and by that means
& that means only they are will be obliged to go. By Thus By that
and thus only it may become a Custom that Barristers means and by that means only it is may become a custom that
shall go they shall go to Westminster Hall.

⊞ ⊞ Instead of the what is crossed out insert No 1. p.5 a. Inserenda.
Every Custom therefore in the legal sense of the word,
every legalized custom we will call it, consists properly
of two customs, the customs of two different assemblages
of persons. The one which may be called
a custom in pays, the custom of the assemblage of persons that are
obliged to it: a custom of obedience observance compliance: The other
which may be called a custom in foro, the custom
of the person or persons who create the obligation, a
custom or habit of [punishment] punishing about to be
applied to any act of non-observance that should happen, of non-compliance, a custom
that has been the cause either the of the original rise or at least of the continuance of the custom

Identifier: | JB/028/133/001 "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	133	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	b5 / e6 / b7 / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9398
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