JB/028/135/004

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16)

Common Law. Division of it into Customs and Maxims.

pronounce it to be, A [general] proposition serving to express
the someobservation made by him that utters it, concerning
the agreement conformity of sundry judicial Legislative regulations
or Judicial usages in some point of view.
As these regulations or usages are more of less numerous
the proposition is the more general, the maxim
is the more extensive.

Is there consideration to fix any thing which fixes the least extent at such a
proposition can have [to entitle it] consistent with its title to the name of maxim?
I know of none. It might be applied without any
very striking impropriety to a proposition expressive
of a single regulation, of a single legal custom,
of a single judicial decision concerning the legality
of an action act capable of giving birth to the idea
of a separate sort of actions acts – I might, without any
striking impropriety take the one of our Author's examples of a custom
and It give it as a maxim, that an the
eldest of three brothers is entitled to succeed to the middle one
in preference to the youngest. But this in to on a proposition
thus particular and narrow we should not ordinarily
be disposed to bestow the name: we should rather
call it a rule. Maxim comes from the Latin
maxima proper Maxima (propositio understood), Maxima is greatest
most extensive, very extensive. A proposition extending
over and including many others. A term A Rule may it
is true be applied to a proposition ever so extensive
because there is nothing in the etymology of the word to

Identifier: | JB/028/135/004 "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	135	Info in main headings field	common law division of it into customs and maxims
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b13 / e14 / b15 / e16
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9400
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