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15)
Common Law. Division of it into Customs and Maxims.
Those who are governed by sounds would cry out tyranny & be in agonies
at the thoughts of a man's being bound to confess an
act for which he would be made to suffer to the amount
of £ five pounds when the payment of that five pounds is called
a penalty: at the same time they are perfectly well
satisfied at his being made to suffer by the same means to the amount
of five thousands when the payment of it goes not
by that name. I hear ten thousand mouths open
upon me; I forbear: I give no opinion Against the
line that is drawn at present I only say this I give no opinion. All I mean
by what I have said is to point men's attention to substance rather
than sound, to induce them to satisfy themselves by more
than verbal arguments whether the line is drawn [where] at the
point it ought to be, and to examine [themselves] without prejudice into the
genuine grounds of it.
Be it more or less true, it will be easy to see understand
after what has been said with t respect to
the other maxim, In in what manner [it] this also is formed.
I take up the Table of offences and interrogate
myself as before. The answer concerning each is, after
the exceptions that have been hinted at, uniformly
in the negative. Putting all these particular
answers together, I am not of the general conclusion
resulting from the whole amount of them
I express by the maxim in question, No man is bound to accuse
himself.
From the view we have obtained of the nature of a maxim
as in these two examples, we may I think
Identifier: | JB/028/135/003 "JB/" can not be assigned to a declared number type with value 28.
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common law division of it into customs and maxims |
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jeremy bentham |
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