JB/028/143/002

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18)

Common Law. Judicial Decisions.

positive rule of Law, fixed and established by some judicial
decision, which decision is evidenced by custom.

The To this rule, the dislike our Author has, if any, is
not it should seem a [very] vehement one: otherwise he
does as much as hint to us, he knows a way of
getting rid of it. He would say it was "repugnant to
"natural Justice"; and then he might do with it as he
liked. What else our Author means can mean by "repugnant to Natural
Justice" I know now. For my part I am intimately
persuaded of the repugnance of the rule it to
utility: and not a whit shaken in my persuasion
of the utility necessity of adhering to it; that is so far as
not to run counter to it by any judicial determination.
As to "the artificial reason for it, drawn from
"the feudal Law", I can easily readily suppose it "not to be
quite obvious to every body. It is not quite obvious
to me. At the same time Were I a Judge, I should certainly be that
modern judge who would wish it had been otherwise
persuaded at the same time, of it's not being that "to alter it" was not in my
power. Not that this wish would be owing in any [the slightest] degree
to the want of that artificial reason's being obvious to
me. Whatever it is, it is drawn we are to understand
from the feudal Law: and as there is an end, long ago, an end, of the
feudal law, long there is an end also of the reason.
As little should I "simple", "were any Court now to
"determine, that an elder brother of the half blood might

Identifier: | JB/028/143/002 "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	143	Info in main headings field	common law judicial decisions
Image	002	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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