JB/028/136/001

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17)

Common Law. Division of it into Customs and Maxims.

narrow the thing signified in point of extent. But there
is in the etymology of the other to amplify that other.
If therefore we meant to strike fix a distinction between the
import of the two words, to make the import of the
one narrow, and of the other extensive, the word maxim
could not have the narrowest import of the two.
It must have the most extensive: the words whi must
therefore narrowest therefore must be appropriated to
the word Rule. As things stand at present, they
are seem to be used almost interconvertibly.

In the definition above given of a maxim I have
said "made by him who utters it". And who is that?
Any one whatsoever that pleases. A Judge it may be, it may
be any one else. The maxim becomes current or not
current, according to the apparent truth and importance of it, or the
credit of him who utters it. But who is it makes
a Custom?⊞ ⊞ I mean a custom in pays that is become a legal one. any one? no, but the Judge who first
punishes the non-observance of it after it has become
a Custom in pays. Who is it makes a Custom in
foro? any one? no, but those Judges only whose
acts are those which go to make it up. Hence
appears another difference between a Maxim and a
Custom. Of Maxims the number of is arbitrary and
unlimited. Any man has the making them, and every
man ma may make as many as he pleases. For
the number of points of resemblance real or imaginary between so
copious a collection of rules as those which constitute

Identifier: | JB/028/136/001 "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	136	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	b17 / e18 / b19 / e20
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9401
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