JB/028/147/002

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10)

Common Law. Reports and Treatises.

defer to the rule delivered by the former elder of these writers in preference
to that of the more modern? I believe hardly The Law we
should say, was changed.

With regard therefore to Law Treatises Of the specific gravity of authorities there is no
common ostensible, no common scale. Every man,
client, advocate pleader of judge, makes up his own scale for himself fragments
of such a scale pro re nata, as it happens: and whether in respect in any case that of the advocates
pleader shall happen in any to be the same with
that of the Judge is a matter of cross and pile.
No Nor did any man, I suppose, ever thought think it worth his while, or or so much as possible
possible to make out even for himself such a scale, or possible even for himself
entire.

Another thing. Yet further Conceive still the line to be still drawn some at
where pleasure as before. Those that are without it, are
still however consulted, notwithstanding. Some weight therefore in fact,
if not words is given them. Are these all upon
a par? this will hardly be said. There is a scale
therefore even for these. Of these then that are not
authority, take that which stands highest upon the
scale and compare it with that which stands
lowest upon the scale of others that are authority.
Is it clear how much the former is below is to weigh less than the latter?
is it lear that it is to way at all less? I believe
not.

Upon this footing stands the authority of treatises:
upon the same footing nearly stands the authority
of Reports. Here an acute stickler for the

Identifier: | JB/028/147/002 "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	147	Info in main headings field	common law reports and treatises
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b9 / e10 / b11 / e12
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9412
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