JB/028/138/001

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Common Law. Judicial Decisions.

We now come to another opening in our Author's
Theory of the Common Law. The Common Law
properly so called consists of Customs and or of Maxims which are
the same thing. Thus far we have travelled with
him already. These are what the Law consists
of. We now come to the mention of a
somewhat else, being not what that which the Law consists
of, but that whereby what it consists of is
made known. This it seems is the assemblage of Judicial
decisions. But let us hear his words.

"But here", continues he, "a very natural, and very
"material question arises: how are these customs
"or maxims to be known, and by whom is their
"validity to be determined? The answer is, by the
"Judges in the several courts of Justice. They are
"the depository of the Laws; the living oracles, who
"must decide in all cases of doubt, and who are
"bound by an oath to decide according to the Law
"of the Land. Their knowledge of that Law is derived
"from experience and study; from the "viginti annorum
"lucubrationes", which Fortescue mentions; and
"from their being long personally accustomed to the judicial
"decisions of their predecessors. And indeed,
"these judicial decisions are the principal and most
"authoritative evidence, that can be given, of the existence

Identifier: | JB/028/138/001 "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	138	Info in main headings field	common law judicial decisions
Image	001	Titles	note
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b1 / e2 / b3 / e4
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9403
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