JB/028/146/001

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5)

Common Law. Reports and Treatises.
From p.2.
The first relating to the authority of Treatises

Tis in the latter of these passages he touches, but very
slightly, on the obscure question of authority. He mentions
half a dozen or authors of treatises whose writers authors of as examples
of authors of treatises whos those whose treatises are cited as "authority":
"Glanville & Bracton, Britton and Fleta
"Littleton and Fitzherbert". "One of the last of these
"methodical writers", continues he, "in point of time,
"whose works are of any intrinsic authority in the Courts
of Justice, and do not entirely depend on the strength
"of their quotations from older authors, is the same
"learned judge we have just mentioned, Sir Edw.
"Coke ...⊞ ⊞ "Books cited as authority" – "Books of authority". "Books of intrinsic authority": these phrases we must for the present be content to use, the taking our chance for the import that may be annext to them, though never
yet explained, nor by any means easy to explain. Of Treatises however thus much: of Reports,
which are to be deemed of authority, and which
not, he says nothing: though full as much depends
upon the authority of the Reports, as upon that of treatises
and though it is with expence the latter first-mentioned class of writings
is that perhaps, with reference to which the import
of notion annext to the term authority is the
most simple.

With respect to Reports the question of authority is,
shall the assertion contained in it: viz: that a decision
to such an effect was in such a case given
and for such and such reasons he deemed held for true.
With respect to Treatises as such, the question of authority is,
shall the Rule of Law laid down in such a passage part
be deemed the legitimate conclusion from decisions
admitted to be to such an effect? With respect to

Identifier: | JB/028/146/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	146	Info in main headings field	common law reports and treatises
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b5 / e6 / b7 / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9411
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