JB/028/158/002

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6)

Common Law. Particular Customs. Rules.
Inserenda

superior general court⊞ ⊞ that is in England, one of the three Common Law Courts of King's Bench, Common Pleas and Exchequer that was the only one all along in
view. The inferior Court, the Manor, or the Borough Court
was [never so much as thought of] either not at all
adverted to, or seen very obscurely.

Consider then a custom to be coming proposed for legalization
or disallowance before a superior court, and
in one [their grounds equally possible for it' these circumstances equal alike
the two grounds we mentioned before, there are three characters in any one of which
end it may make its appearance in either of by any one of three
characters: either 1. as purely spontaneous, or 2dly It may appear 1st as yet purely spontaneous at the
time, or 2dly as having been originally in its origin spontaneous, but
since that as already imperfectly legalized, legalized provisionally, de bene
esse, or to use the lawyers' phrase, in by a Court below.⊞ ⊞ or 3dly it may have been in it's origin compulsory, resulting from the legalization of a single article of conduct.
In the latter case the [share of utility which is on the
side of legalization] utility resulting from legalization of legalizing it
may be in general be deemed greater than in the former,
by how much the expectation of the its
customs being conformed to, behaves naturally to be stronger:
by how much the pain of disappointment in case of that
expectation's being disappointed behaves in consequence to be greater.

Whether a Custom is purely spontaneous, or has
imperfectly legalized, whether it is in a state if one may so say of pure
spontaneity or imperfect legalization [may be conjectured
from the following considerations circumstances] the consideration
of the following circumstances will enable us aid us to conjecture.
To the maintenance of a custom which is passive
on the side of the party at whose expence it is maintained,⊞ ⊞ to the maintenance of such a custom while yet spontaneous the motives if one many may say so, at least one the may say, the causes of it may have been, indolence, inattention,
or a source sense of moral obligation† In regard to For the motive to the

Identifier: | JB/028/158/002 "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	158	Info in main headings field	common law particular customs - rules
Image	002	Titles
Category	text sheet	Number of Pages	3
Recto/Verso	recto	Page Numbering	b5 / e6 / b7
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9423
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