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6)
Common Law. How far consented to by the people.
by Judges of their own authority, and thus afterwards by an
act of the Legislature it will be easier to find
an example, than of a spontaneous Custom – at least of the two, the
examples of⊞ ⊞ a point of law established by a decison pronounced according to appearance on the occasion of a single mode of conduct such a single act and of may be found
more interesting, and more easily explained
to example of than of a point of law established
the other way. And we may here meet with
examples of a mode of conduct⊞ ⊞ so interesting and so familiar as to have been characterized
by a single name. Let Perjury be the instance
of such a mode of conduct. Here the
mode of conduct legalized is the forbearance of
the act complex mode of action characterized by
that name. Judges by punishing the most some instance of the sort of act thus named, may
be said to have legalised, that is we may rendered obligatory
the forbearance of it. This A mode of conduct action
thus mischievous is plainly of such
that it is not in the any custom of forbearing
from it, but the mischievousness of any the act single
act. That the Judges would look for to as a warrant
for their punishing the act, that is, legalizing that is, for their
the forbearance. It is not therefore in a mere spontaneous
custom in pays that they would of following from such an act, that the Judge we may
suppose whoever it was that first punished it, grounded
his decision.
Be this as it may, Perjury by some Judge or
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