JB/028/138/002

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2)

Common Law. Judicial Decisions.

of such a custom as shall form part of our Laws.
the Common Law."

"How are these Customs or Maxims to be known, and
by whom is their validity to be determined? These
two very different questions he makes one, and accordingly
gives them both one answer, which is
an answer indeed to the last, but none at all or
a very equivocal one to the first. To the first indeed,
it would not be very easy consistently to with
what he has been telling us about Customs, to
fine an answer. By the Judges, as he says, in
the several Courts of Justice.

How an a judicial act legalizing a custom is to be known, is
indeed at once a natural question, and a material
one. But how or acts a custom itself, is to
be known, is a question, which upon the supposition that it is the custom
of the people in general, a supposition he all
along desires us to make, seems neither very natural
nor very material. How is it to be known?
meaning by the people? Why they know it, by the
supposition; they even practise it, it is their custom.
"How are they the people to know what it is they do themselves?"
God knows, unless they know already. His
answer however to the next question, (and the same,
is meant to serve, it should serve, for this,) is, "by
"the Judges in the several courts of Justice". Applied

Identifier: | JB/028/138/002 "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	002	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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