JB/028/141/002

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2)

Common Law. Judicial Decisions.
Inserenda.
☞ Contined from p. 15.

[No 2]

"former times as not to suppose they acted wholly without
"consideration. To illustrate this doctrine by examples.
"It has been determined, time out of mind that a brother
"of the half blood shall never succeed as heir to the estate
"of his half brother, but it shall rather escheat to the
"king, or other superior Lord. Now this is a positive
"Law, fixed and established by Custom, which custom is evidenced
"by judicial decisions; and therefore can never
"be departed from by any modern without a breath of his
"oath and the law. For herein is nothing repugnant to
"natural Justice; though the artificial reason of it, drawn
"from the feudal law, may not be quite obvious to every
"body. And therefore on account of a supposed hardship
"upon the half brother, a modern judge might wish it
"had been otherwise settled; yet it is not in his power to alter
"it. But if any court were now to determine, that an elder
"brother of the half-blood might enter upon and seize any
"lands that were purchased by his younger brother, no subsequent
"judges would scruple to declare that such prior
determination was unjust, unreasonable, and therefore was
"not Law. So that the law, and the opinion of the Judge
"are not always convertible terms, or one and the same thing:
"since it sometimes may happen that the judge may
"mistake the law."† † p.70, 71.

"Though the reason" ... "of precedents and rules", be not obvious
at first view, yet we owe such a deference to former
"times as not to suppose they acted wholly without consideration."
So for our Author. For my part, I know not that &c.

Identifier: | JB/028/141/002 "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	141	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	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9406
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