JB/028/149/001

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5)

Common Law. How far consented to by the people.

at the time of a making the decision, the custom is not
such what we have supposed it to be, spontaneous.
This then is what is done with respect to a Custom
in pays of post spontaneous afterwards legalized
by the Judges own authority and lastly by authority
of the acknowledged Legislator. When the Written
Law speaks, the Judiciary Law if one may so call
it, not only speaks not to the contrary, but is
put to total silence.

2dly ⊞ ⊞ The same thing it is easy to understand [concerning] With respect to a single act in pay for an individual mode of conduct in pay, legalizing
as mode of conduct in pay, indeed by a single act in force, an act referred to
custom, because done in conformity to habits of
proceeding in the same court, resembling of imitation tho' perhaps not
strictly of the same [identical] description. 3dly If I
legalized by a cour the acts serving to
legalize such a mode of conduct
have been more than one, and so many more
as to have grown into a custom in force, it makes no
difference. For one single are judicial decision
unreversed is sufficient unreversed, is as much as is necessary, at least with respect to the
individual persons and things that are the objects
of it, to establish a point of Law.

3 All this will be much better understood by the
help of an example. This example was we shall
take from the shores our own Law, as it is that
more than the Roman that it is our business to
illustrate. Of an individual act first legalized

Identifier: | JB/028/149/001 "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	149	Info in main headings field	commons law how far consented to by the people
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		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9414
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