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2)
Common Law. Particular Customs. Rules
Inserenda.
By Custom he means not of or give
rights to one many set of persons at the expence of, that only
laying restraints upon another. According as the value
of these rights is, to the party favoured in whose favour, or rather
according to the burthen of them upon the
party abstaining at whose expence is the probability of the habit of forbearance
having been observed voluntarily, or by force
of Law. If it is be a right to a whole estate that
is in question, to the whole use & disposal for instance of a piece of land
nothing less one may suppose could have sufficed it may be well supposed could have been
sufficient to produce forbearance, than the sense
of legal obligation; if it be no more than such a thing as an
easement, a particular occasional use for instance
of a piece of land, as a right of walking over it,
inattention, indolence, or a sense of moral obligation
may have been sufficient.
No 3.
To come in at p.2.
Thus Thus for our Author: this latter paragraph however
must not pass off entirely without observation. In the
first place, "If", says he, the existence &c
A Custom is legalized, by an obligation laid upon the person party
or parties at whose expence it is established, by force of Law.
A Custom of holding a Court is legalized, imperfectly mischievously
by the submission of those over whom the jurisdiction of it
is exercised: definitively by the a confirmation of its judgments
passed by a superior Court. A custom of
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157 |
common law particular customs - rules |
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b1 / e2 / b3 / e4 |
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jeremy bentham |
[[watermarks::[monogram] [britannia emblem]]] |
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