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10)
Common Law. Division of it into Customs and Maxims.
King is punishable by in him. According to the second,
Every wrong act done by his ministers is punishable in
his ministers. According to the third, No act done
by the King, or by his ministers as such, is punishable
either in him or in his ministers. Of these senses
the 1st the very different and 2d are both compatible, and both true. The
prob third is compatible with the 1st, is in direct contradiction
with the 2d, and is not true. The first
announces the part of the Law that constitutes his security. The 2d that part that was sets
limits to his power. The 3d puts a negative
upon all limits to his power. The ex of the
two conditions of things exemption and announced by the 1st with the restraint announced by the the and second
is what constitutes one of the most striking characteristic peculiarities
of our the British constitution. That the announced by the 2d The restraint
is essential to its existence being. That announced by the The exemption
1st has ever hitherto been found compatible with
it's well-being. Taken in it's utmost latitude It might be otherwise. But the
difficulty and danger of narrowing it is striking
that it is not probable that any thing but a very
severe experience of the mischief, if even that, would
produce a remedy.
As to the History of these 3 very different maxims
thus enclosed in one. The first and that was poached
was probably that which is here 1st mentioned. In
the early ages of our Jurisprudence, Lawyers were an
idolatrous and servile crew. Uninitiated as yet in the notion of a
public, they knew no other sense of loyalty, than
Identifier: | JB/028/134/002 "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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134 |
common law division of it into customs and maxims |
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b9 f9 / e10 / b11 / e12 |
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jeremy bentham |
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