JB/028/174/003

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3)

Common Law. Particular Laws.

"To rank now heap these laws altogether under the head of leges non scripta or unwritten
laws," "may seem" even in our authors notion, "a
"little improper at first view": and I trust it will not seem
much otherwise on a second. If it be true, as our Author
says [would have us think], that in this he has but copied Sir Matthew
Hale† † Hist. Com. Law. C.2., it will appear that [where they be used] the terms "written
law", and "unwritten law" they both of them meant a something which
they neither of them knew how to express, and that when they
employ'd these terms without having any law those <add>they phrases expressions phrases, they had no such thing as any determinate</add> ideas to annex
to them. If this be pardonable excusable in the plain practical lawyer
of the 17th Century, something better might have been
expected from the critical and enlighten'd. Professor of the 18th. The
era age of Locke forms an epoch, after since which it is no longer so excusable as it might have been before to speak use words
without a meaning. What is the meaning to be attached as it might have been before.⊞ ⊞ As to these expressions "Law written" and "Law unwritten" what are the ideas proper to annex to them, or rather what are the genuine ideas of the sort objects they are so improperly used to characterize, As to these terms written Law
to these terms respectively, or rather what are the ideas
proper to be to the terms designed under to express
the most of things, to express
Law usually employed for though so improperly employed to characterize has been all already been attempted
to be shown: at present let us observe and pick up as
we can what sort of ideas seem to have been annexed
to them by our Author.

In the first place, the laws in question [the Civil and
Cannon Canon Laws are not to be ranked under the
head of unwritten, because they are set forth by authority is meant mentioned as no good reason why for their not
being ranked under the head of leges non scripta: As
all laws are to be ranked under one or other head, it is
no good reason therefore, we are to conclude for their being ranked under that
scripta. It is not therefore a differentiate mark of

Identifier: | JB/028/174/003 "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	174	Info in main headings field	common law particular laws
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b1 / e2 / b3 / e4
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	in 2 pieces	ID Number	9439
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