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23)
Common Law. Particular Customs. Rules.
pound, or be it any number of pounds, whatsoever.
In the year 1710, it may be ten pound; in the year
1720 it may be twenty Pound.⊞ ⊞ In the year 1010 therefore it is one sum, in the year 1720 it is a different one. And yet The form of words used serving to
describe what it is in the year 1710 the same
and the form of words, used serving to describe what it is in
year year 1720, are the same. But though the same form
of words expressing is expressive at one time of one sum,
at another time of another, it never at no time is
it expressive of both those sums or of any other two
sums at once. It is at any given time one certain
sum that it expresses. Tis to one certain sum therefore
that, at any given time, the expectation is fixed.
I am the Landlord. The year's improved value in 1710
is £10. In 1720 it is £20. In 1710 therefore it
is £10 that I expect to pay receive & no more. In 1720 is is £20.
I am the Tenant. In 1710 that I expect to pay: in
1720 it is a £29, and no less. As I know all along
what is the year's improved value my expectation has
a mark to fix itself to: it would not have had if the
amount of the Sum in the two cases had depended
upon the Lords or any person else's pleasures. How
the utility of the case depends upon the course of expectation,
it will can not be necessary after such frequent
repetition to explain.
The instance of this maxim which is one of the least
exceptionable too of the scraps of Latin that go with are bandied
about by Lawyers under that name may serve to shew how
little they are calculated to give a clear and satisfactory
solution of any legal question, this try it upon this custom, which is a good
Identifier: | JB/028/165/003 "JB/" can not be assigned to a declared number type with value 28.
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common law particular customs - rules |
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jeremy bentham |
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