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2)
that they are binding. It is only either because they are introduced
by custom in same cases; that they are binding and then are they not
such written laws, but unwritten: or else in other cases by act
of Parliament, and then are they – what? one should
naturally suppose conclude, written – No, not so. This is more
than our Author thinks it safe to tell us. Not
knowing what to call them, our Author tries to would
fain stick his neck out of the collar he has got it into.
He tells us not what they are all to: he tells us, is what
they owe their validity to: to wit and this is neither
more nor less than the act of Parliament which introduced
them which he tells us is Law written. Now however that they have got
authority, have one should expect to find them also now at
but Laws written; seeing that it was this want of authority
that occurred the only example he had that
After all, so much of them as is introduced by the
written Law of Parliament, is it written or not
written? This is a question he does not choose
to speak to: that they are not written when introduced
by customary Law, that is by authority of certain Courts
by Law which is itself not written according to him is itself
he is clear not written, he is clear. But whether they
are written, when introduced by a branch of Law that is
written was too much to say.
Now Had he contented himself with calling things by the
names that men were used to call them by, had he
contented himself with calling them by those names
without entering into intrusions on the import
of these names, we might have excused his
not having any very precise ideas of that import.
Identifier: | JB/028/173/002 "JB/" can not be assigned to a declared number type with value 28.
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173 |
common law particular laws |
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jeremy bentham |
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