JB/028/139/001

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5)

Common Law. Judicial Decisions.

what he terms the Common Law properly so called, as being
composed wholly of these Customs: that the judicial
acts serving to legalize these customs he makes something
else of, as we shall see presently: and single judicial
acts serving to legalize single acts in pays, that is to
say that mater which has much the largest share in
the composition are wholly out of view with him.

The succeeding flourish, not being designed for any but as a thing
but an open a piece of open and harmless rhetoric, shall
have a passport: but the tail of it tho' it pass without censure should not pass
altogether without notice. & the powers from whence
the Judges derive their knowledge, is that of their "having
"been long accustomed to the judicial decisions of their
predecessors. This we may be observe is no other than that of [that is from] their having long had a
possibility of attaining that information, the attainment
of which ought to be made easy to the whole people:
their having been long in possession of a share of a
monopoly purchased at the expence of heir own unnecessary
drudgery, of justice, and of the people's
happiness.

These dec We are now come to the character and function our
Author assigns to Judicial Decisions. "These judicial
"decisions", continues he, "are the principal and
"most authoritative evidence, that can be given, of the
"existence of such a custom as shall form a
"part of the Common Law." Evidence? they then are
they not themselves a part of the Common Law, but

Identifier: | JB/028/139/001 "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	139	Info in main headings field	common law judicial decisions
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b5 / e6 / b7 / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9404
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