JB/028/151/004

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12)

Common Law. How far consented to by the People.

whether lodged in the hands of one or many, whether
that one or those many, like it by succession or
election, is still as much sovereign in one case
as in the other; as much superior It's commands as much [superior to
the commands of Judges. Is deference paid to the authority of regard paid to the
decisions of former Judges, is the authority of
Custom if it must be called Custom a proof of
the freedom of in the constitution of the Legislation
then is the constitution of France a free one.
No where than else does the Custom make a greater
figure.

Our Author however comes back from his digression,
and in conclusion says "And indeed

Let us deal fairly candidly by our Author, and confess that
in this notion of his he is by no means singular.
It is indeed a vulgar and popular error among
Lawyers; dear to their prejudices, and by no means
unfavourable to their passions.

I hope it is by this time pretty apparent, that
what is called the Unwritten Law is made not by the people
but by Judges: the substance of it by Judges solely:
the a expression of it, either by Judges, or by Lawyers
who hope to be so. Now would I ask, which

Identifier: | JB/028/151/004 "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	151	Info in main headings field	commons law how far consented to by the people
Image	004	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		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9416
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