JB/028/143/003

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19)

Common Law. Judicial Decisions.

"enter upon and seize any lands that were purchased by his
"younger brother", as little should I "scruple, to declare
"that such prior determination was unjust, was unreasonable", —. I might also very d likely declare
that it "was not law", because the phrase⊞ ⊞ though affected, & not precisely true just, is a common
one. But as little I must confess, should I scruple to declare that
it was bad law; howsoever treasonable it might sound
in the ears of such lawyers as our author: because
it would be what I meant. That it might not, in my opinion, to be
law, I should say boldly: but that it was is not
law, is what I could not say without being conscious
of an impropriety. It is supposed to be the
determination of a court competent to determine: that
being the case, so long as it this determination remains
uncancelled by a superior court it must be law,
if by law here be meant obligatory: During this period let any one
take upon himself to molest the elder brother in entering
upon the lands and he will find himself exposed
to punishment, as much as if it were the best law
in the world. "So that the Law", our Author however
concludes, 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". Always convertible indeed; as far as the opinion
of the Judge comes with it his will: and so long as that
will stands uncontrouled by the will of a superior
Judge: and never not a moment longer. "Since it may sometimes

Identifier: | JB/028/143/003 "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	003	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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