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6)
Common Law. Division of it into Customs and Maxims.
in pays.
We are now prepared I should hope, to understand
pretty clearly what is meant when it is said to
be a legal custom, that that (to take the this example
given by our Author) "where there are three
"brothers⊞ ⊞ (to take the custom example as given us by our Author), the eldest Brother shall be heir to the
"second, in exclusion to of the youngest". At a certain
time there was in this country an assemblage of persons (Judges)
in the habit of punishing bestowing punishment as they thought fit:⊞ ⊞ the rest of the nation being with respect to punishment administer'd by persons of their description, in the habit of submission.
At this time there were in a certain place within
their jurisdiction, three brothers. The second of the
three had an a descendible estate, and died. The
younger enter'd on it; the elder laid a claim to it before
the judges. The judges upon hearing the cause, by
punished or threaten'd to punish the younger if
he continued in possession; and by force of such
punishment or such threat obliged him to give abandon it up to the elder. If From that time, younger
brethren seeing this to be the case. fell into the
custom of yielding to their elders: and thus it become
a custom that the eldest brother shall be
heir to the second, inclusion of the youngest.
and How is of the idea Of customs thus generated is made up the
idea of the Common Law.
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Identifier: | JB/028/133/002 "JB/" can not be assigned to a declared number type with value 28.
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028 |
comment on the commentaries |
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133 |
common law - division of it into customs and maxims |
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002 |
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text sheet |
4 |
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recto |
b5 / e6 / b7 / e8 |
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jeremy bentham |
[[watermarks::[monogram] [britannia emblem]]] |
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9398 |
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