JB/028/173/001

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Common Law. Particular Laws.

⊞ ⊞ We now come to our Author's account to of what he makes the third Particular Laws as he calls them, the Civil and Canon Laws, constituting together what he makes the third branch of the Common Law in its most extensive signification. What our Author he has given us under the head of Civil and with relation to
Canon Law, under this head consists chiefly of a statement of some certain
matters of fact; the truth of which in general I see no reason upon the face of these to
dispute, nor to be very sollicitous to examine. The Of
History I have made a short sketch which he gives us of the contents of those Laws; and this I take
it for granted that, as far as it goes, it is an accurate. acc. however, for abestow
give a more attention to on the , which to this it
a history which provides may afford us some amusement. Of this therefore
I shall say nothing. But it has a Preface to it which
may afford us some amusement. It opens however In the course of The thesis of it
with however is a remark it however it opens is contained a remark that
may not be altogether so amusing. This is that in
which he justifies his having given the name of leges non scripta
unwritten laws, which he has given to those two
masses of Jurisprudence. This will lead us into
some thorny enquiries disquisitions which must stand apart
from the flowers of rhetoric with which our Author has adorned
the paragraph. We will first make our
way through the thorns; we will return afterwards and and regale ourselves afterwards
with the flowers.

It may seem improper he says, to rank them call them under the head
of unwritten Laws, seeing they are set forth by authority
acts: but this is only at first view whence we are
to conclude that written Laws are Laws set forth by
authority. But this is only at first view – I am whence
we are to conclude that they are not unwritten Laws. We are then immediately told however that it is not improper so to call them such. Why? because, although
they are such, yet it is not on that account

Identifier: | JB/028/173/001 "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	173	Info in main headings field	common law particular laws
Image	001	Titles
Category	text sheet	Number of Pages	3
Recto/Verso	recto	Page Numbering	b1 / e2 /
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9438
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