★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
21)
Common Law. Particular Customs. Rules.
must in all circumstances of their description essential
to the matter on hand, the same. But these are different.
From such variety of action no fixed expectation
could result. No expectation could take place And
The expectat There could be no ground on the part of the Land-owner
that the 2d custom in which he was the party
favoured would be conformed to on the part of the Parson
in the future. No more could there as on the part of
the Parson for intending to conform to it. The Parson
on the contrary would continue to expect that benefit
which would accrue to him by the Land-owner's
conforming to the 1st custom. Not receiving it he
would be disappointed: he would feel a pain of disappointment.
that utility therefore which results from
the course bent of expectation requires that the decision
in this case be agains for the person against the validity
of the pretended custom.
These two last of the three customs we may observe, forming
a one reciprocal custom, are of that sort which bear unquestionable marks
of express Will. They form must have originated from contract compact: which and this
compact carries with it that legal obligation which
is in general annext to compacts. The compact
in the case put of the bad custom, is temporary only for
the a certain legal obligation annext to it can last therefore
only for that time. In the case of the good custom
it appears to be perpetual, the uniformity of the
custom giving it that construction.
Identifier: | JB/028/165/001 "JB/" can not be assigned to a declared number type with value 28.
|
|||
---|---|---|---|
028 |
comment on the commentaries |
||
165 |
common law particular customs - rules |
||
001 |
|||
text sheet |
4 |
||
recto |
b21 / e22 / b23 / e24 |
||
jeremy bentham |
[[watermarks::[monogram] [britannia symbol]]] |
||
9430 |
|||