JB/028/148/002

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3)

Common Law. How far consented to by the people.

than the regard the Romans pay to it. Between the above two
[above] extremes it seems rather difficult to find room
for this gradation. Certainly nothing in this has our
Author given us to facilitate our finding it. Let us
see whether we can find it of ourselves.

What may have been the regard paid by the Roman
Law to Custom in any sense of the word I will not
undertake to say: it is needless to enquire. Our business
is to shew, if it can be done, how it may be
that our Law should have paid a greater regard to Custom
than merely the adopting it only where the written
Law is "deficient", and yet not so great as to adopt it
where "contradicted" by that Law. To do this we must once
more resolve the word "Custom" into it's different senses.
We must settle with ourselves what we mean by the Law when we
speak of as how a it is making Custom and the written
Law objects of its regard: we must understand what it
is for custom to "contradict", and what it is for it "not"
to "contradict" the written Law.

By the Law, it is plain, it is meant the Judges. So there They
it is it belongs to administer the Law, who cause make its influence
to be felt perceivable: who do what in any individual instance
is said to be done by it. They are the persons
who being of various ranks and admitting of various
descriptions are often for shortness sake, characterized under the name of the
one metaphorical personage the Law.

Identifier: | JB/028/148/002 "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	148	Info in main headings field	commons law how far consented to by the people
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b1 / e2 / b3 / e4
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9413
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