JB/028/157/001

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1)

Common Law. Particular Customs. Rules
Inserenda

To come in at §.1.

No 1

What he means by Under the title of rules relating to the usual method of
allowance of a particular custom, few readers I believe
would know guess, I believe, what [they have to expect] is prepared
for them. Under this title what he gives us, is
an observation of his or whosever it be, that a
decision legalizing a local custom upon the ground of its
being a custom is not made understood to warrant
the legalizing of suc the a mode of conduct in of the
same description under circumstances analogous only
and not identical: in other words that powers given
in deference to local custom under a given set of
conditions are not understood to warrant the giving conferring
the same powers under a set of conditions similar analogous
only one and not identical. The observation is a Useful and constructive
in itself is an useful and constructive one, but under as the observation is of itself, at least in the way or warning
though not very easy to apply in the way of rule, under
one such a title no one would expect to find it.
To speak the truth it seems very difficult to frame
a title for it. Perhaps the following might answer
the purpose a little better. Of the stress
laid on them as a ground-work for reasoning by
analogy – or of the deference paid to them in cases
of a similar sort but not the same. Lord Bacon seems
to mean the same thing when he lays lays it
down as a rule of advice. Let Reason be pregnant, Custom barren. At least this is one of the
senses that may be put upon it. the his rule.

Identifier: | JB/028/157/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	157	Info in main headings field	common law particular customs - rules
Image	001	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	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9422
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