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Inferenda. Preparatory Principles. Common Law. Particular Customs
What Statute Law...
that all actions of such a sort shall be located in the way
of punishment in such a manner.
Maxims
It is well worth reading what Mr Dr Humbert offers
concerning the maxims of natural philosophy, which
once made so great a figure in the Schools.⊞ They
have contradictory propositions says he with equal fluency.
You may prove one thing by them as well as another.
⊞ ⊞Conceive it spoken of our law-maxims and it applies with equal truth.
They Those of natural philosophy, and those of [municipal] Jurisprudence
are the produce of the same ages are our
and of the same sort of men.
Compulsory
To come in at p. 25
As a help to anyone who might be inclined to state
for his own satisfaction to state analyze (to himself) the customs
here instanced in the manner that several others have
been stated analyzed, it may be of use to show that in this
Custom the parties in whose favour favoured are those into whose hands
the money is paid in trust for the maintenance of the
bridge: the parties favoured (beneficially and ultimately) such
as have occasion to use the bridge. The parties burthened
are there who are liable to pay the rate. The legal
jurisdiction is the assembly of such persons whether voteable inhabitants or others,
as impose the rate.
Consistency
I should be glad to know what it is that makes Law
so partial to the Custom that happens to be part mentioned
Why that is to stand good, and the other give way. If
the two customs are contradictory, the first is as contr
adictory to the last, as the first second is as contradictory
to the first, as the first is to the second: and as
one is supposed to be proved as well as the other, I
see not why is is the second that must give way.
Identifier: | JB/028/170/004 "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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