JB/028/140/002

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10)

Common Law. Judicial Decisions.

reason of those Judges who pronounced it, it was most
evidently conformable. Whose then shall be the standard reason then can he mean to make
propose for the standard of conformity? In truth it must be the reason, of
you, of me, of any one to before whom the determination
is supposed to be proposed to judge of. It is easy
to say, but very fruitless, not so, but the general reason of mankind.
Good, but how am I to come at this general
reason in a case too that not above twenty people
perhaps ever thought of? I cannot go round the world & count suffrage,
I must guess at it by my own.⊞ ⊞ Unhappy necessity! which never could not ever occur, where there is a written text [to resort to], the acknowledged work of a sovereign legislator [to resort to]

Our Author might would have said something, if he had
supposed a case that what happens not unfrequently,
& then told us what was is to be done. He would have
said something if he had supposed that the preceding
determination in question was itself contrary to another
still preceding, and have told us what was to be done then.
Now this is a case that unfortunately for the people happens or at least has happen
not unfrequently, not so much often [perhaps] because different Judges
have drawn opposite conclusions from the same data,
as because the data that one Judge has had before
him to another have been unknown. For so it is,
that among the unnumber'd and
materials that lie buried in the dark Chaos of Common
Law, some start up at one time, others at another,
as chance or industry happens intervenes to bring them
to light. I give no examples, because I speak what
is notorious. In this case the Judge is under little difficulty:

Identifier: | JB/028/140/002 "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	140	Info in main headings field	common law judicial decisions
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b9 / e10 / b11 / e12
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9405
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