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10
Common Law. How far consented to by the People.
is passed, and punishment threaten'd for the breach of it
that same name "assent", as is given to an express
declaration of the concurrence of the party's will with
the Law before its passing.
Thus it is that conditions of things so opposite as Liberty
and Slavery are confounded in our Author's
turbid apprehension; dupe or accomplice of the chicanery
of imperial sophists.
Thus did they reason – says our Author, while
Rome had yet some remains of her freedom: but continues he when
the imperial tyranny came to be fully established, the
civil Laws speak a very different language. Quod
principi placuit legis habet vigorem, cum populus
'ei & in eum omne suum imperium et potestatem
'conferat", says Ulpian." 'Imperator solus & conditor
'interpres legis existimatur,' "says the Code". And
"again, 'sacriligie instar est rescripts principes
'dovare'.
One cannot help calling to mind upon this occasion,
the supposition formed suspicion entertained by the Corinthians of concerning
St Paul[a] The business was which his proposed to himself in
the this paragraph, and which he has carried on in
the outset and the conclusion of it was, is in the first place to state
the comparative regard paid by Judges to the unwritten Law, that is to the sort
of Law that was being made by their predecessors; and to the written
NOTES.
[a] "Much learning hath made the made" –
Identifier: | JB/028/151/002 "JB/" can not be assigned to a declared number type with value 28.
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comment on the commentaries |
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151 |
commons law how far consented to by the people |
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text sheet |
4 |
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recto |
b9 / e10 / b11 / e12 |
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jeremy bentham |
[[watermarks::[monogram] [britannia emblem]]] |
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9416 |
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