JB/028/143/001

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17)

Common Law. Judicial Decisions.

always when I get hold of an example. By examples we
are enabled to feel our way, when the rules our Author
gives us, and every thing he says on the occasion of
them elude our grasp. "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", says he, "is a positive law, fixed and
"established by custom, which custom is evidenced by
"judicial decisions." This account of the matter, it
will not be necessary, after what has been said already,
to combat inch by inch. I shall content
myself with giving altering the proposition in the manner
in which I should have expressed it. "Now this
I should have said, is a general rule of Common
Law, the terms of which are mens who give it, but
the import such as has been deduced by
all Lawyers from the observance of a custom, in
pays⊞ ⊞ not originally spontaneous, produced originally as it should seem by the
force of some judicial decision, tho' the memory
of that decision be now lost: enforced and kept up
perhaps by a correspondent custom in foro, by a habit
in Judges of deciding whenever the case some part in question happened to
come before them, of deciding as if there had been
a positive Statute Law to that effect. Or to speak more
briefly, and at the same time contrast my description
the more strongly with that of our Author's. This is a

Identifier: | JB/028/143/001 "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	143	Info in main headings field	common law judicial decisions
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b17 / e18 / b19 / e20
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9408
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