JB/028/174/004

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4

Common Law. Particular Laws.

leges scripta, that they are set forth by authority. From At the
same time the same words we are to understand that these laws are
leges non scripta, notwithstanding what may appear in
first view: consequently they are not leges scripta.
In the second place we learn that they are leges scriptæ:
though it is not on that account that they have
obligation.

The differential character of written law is that the will and
the words expression are of the same person: the will general, and the
words general.

As to Written Law the idea of it we can collect from
what he says about it, is at best but negative.
It is not a set of Laws being set having been set forth by authority
that entitles & to the epithet of written them to it: at least if it
that circumstance entitles them to acquire it, it does
not entitle them to keep it. For⊞ ⊞ For As to the particular Laws in question, the fact is, that when the that when first they came into existence they were written it did belonged to them. Written they then were: The fact is,⊞ they once were at the time the existingwritten; this is what is supposed: but this
we are to understand continues or ceases to be true, have been true, according
to the reception they meet with afterwards.
They are brought ready written in
In the Roman State they first came to exertion made their appearance,
they then came written into the world: they are imported introduced
here: but whether they continue to have been written
depends upon the personage who imports introduces them. If it
be a Legislator they are written still: If a Judge
their written-ship, if so one may call it vanishes.
Accordingly they may in different places be written and unwritten at
the same time. In All Written for example in what
remains of the Roman State: unwritten in our
own, may even in the same place at the same time, and
the same part of them: unwritten by being introduced by Judges
written by being introduced by the Legislature.

Identifier: | JB/028/174/004 "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	004	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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