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2)
Inserenada Common Law. Particular Customs. Rules
How This may serve to amongst so many other
to show evince how dark and intricate a subject the Common
Law is; how difficult it is; how difficult it is to give anything
like a clear account of the formation of it and or of
the nature of it when formed: and what (unavoidable) a load it
disadvantage every mass of law legal matter unavoidably labours
under while under this form, all which it is exempt
from when under the form of Statute Law. Concentrated
thus and purged of the dross with which it was
entangled it comes out bright and pure, like Gold
out of the refiner's fire.
To come in at p.18.
Lord Coke is here referred to upon the occasion of this
reason: but the merit of it is all our Author's own.
All that Lord Coke does is barely to observe is that a Custom
against an Act of Parliament is void.† † v. Coke Litt. 113 b.
This latter then is an example given as of a custom which
a Lawyer would dislike not like. In truth I don't much
like it neither. I will endeavour if I can to
explain the reason of my liking it; to show what what it is in the effect of it that makes
me not like it. If I can not, at least I will
not pretend to have given a reason, by saying that
it is unreasonable.
NOTE. (a) To come in at p. 19
It may have to be asked, how I came to know, that he
who claimed the an estate upon this ground whoever
he was, by most "worthy," meant "next male heir?"
The case is, that Lawyers, not more gallant in this
article that Grammarians, have a notion or at least a
saying current among them, that the male sex is more
Identifier: | JB/028/170/002 "JB/" can not be assigned to a declared number type with value 28.
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170 |
common law particular customs rules |
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jeremy bentham |
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