JB/028/161/001

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5)

Common Law. Particular Customs. Rules.

we may suppose (I am speaking of the Judges of the sovereign
Court) with a Custom purely spontaneous: they determined
of some Custom or other of that description, that
it should be held a good one, for this reason, because
a time could be remember'd when it did not subsist. The
individual custom in question we may supposed had subsisted but
for a very short time: or perhaps they did not like it.
Be this as it may their a determination so grounded, was
at any rate consistent enough with the just grounds of
legal determination. By a fundamental principle of utility recognized by all Laws,
no man is to have his hands bound or to be compelled
to do a thing without some reason can be given for it.
Here it then the only reason that belonged could belong to the case⊞ ⊞ viz utility, derived from expectation, expectation,
did by the supposition not subsist, at least in it's full force. The expectation
of the party favoured or whatsoever particular it were by the custom could not be a very perfect
one; since this was a time appeared when he
was not thus favoured. Having got thus far, it was a stride
not so great altogether in appearance, but a vast one
in effect, to disallow on the same ground a custom legalized in the Court
below. This was aiming a violent and decisive stroke
at the local judicatures. It was saying to these judicatures
thenceforward you shall exercise no jurisdiction but in
the same cases precisely in which you have been used
to exercise it. No spreading spinning out any further your
jurisdiction by analogy. he Judges Judges of the higher and The
Judges of the superior Courts, we may suppose some
either A sense of the benefits of uniformity in the measures of Justice
throughout the kingdom, disgust at the ignorance or
corruption of the local judicatures, the political view

Identifier: | JB/028/161/001 "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	161	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	b5 / e6 / b7 / e8
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9426
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