JB/028/158/003

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7)

Common Law. Particular Customs. Rules.
Inserenda

a maintenance of such a custom after it has been legalized although no otherwise as yet than in
the imperfect way, we need look no farther than the sense
of legal obligation: it is the sense of legal obligation that
does the business. If it Let it but have been adjudged that

† A man may have let another, and so another, and so any one
walk over his ground, either because he has not minded
it, or because having minded it he has not thought it
worth his while to hinder them, or because he has thought
it hard, unsocial, uncharitable to hinder them.

over such a man's ground men in general have or such a
man has a right of way, in all obscurer grounds vanish,
tis this judgment that we look to, as being on his part
the foundation of the custom.

To the maintenance of A custom which is active on the
side of the party at whose expence it is maintained
can seldom be supposed to be spontaneous. In some Inattention
can not subsist: for to continuity of action, attention is [necessary]
indispensable. Indolence militates against the maintenance
of it. The sense of Moral obligation can scarcely in such a case can rarely subsist has place:
or though it should subsist have place, would be too weak to overcome
the joint influence of indolence and interest.

Identifier: | JB/028/158/003 "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	003	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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