JB/028/176/001

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9)

Common Law. Particular Laws.

By Law unauthoritative I mean not an assemblage of
word not or purporting to express the Will of any Legislators
or if purporting to express the Will of a
Legislator, not deliver'd by him: but either & an assemblage of words purporting to expressing either, 1st the Will
of certain Judges acting as such, or else 2dly inferences drawn from what
is supposed to have been such Will, or 3dly what is supposed
to have been the will of a Legislator: [and this
whether it do purport to be contain the words of delivered by
those Judges, or do not of any other person.]

From what has been said of that account of Law authoritative, it
is plain that it may be distinguished into parts,
to each of which may be given the name of
a Law: that Law unauthoritative can not be
distinguished into any such parts: and that therefore
it would have been happier better, had the name it never
of Law been characterized by the name of Law:
had it never been characterized by any other name than
that of Jurisprudence – body or parcel branch of Jurisprudence.

Of this term authoritative it is plain that it is a
term of relation; referring to some person with respect
to whom the thing it is predicated of is authoritative:
referring to some person of whose Law it is, its [of, whose
will it is the expression] and [who by his authority
has declared it is to be] whose authority there is for
declaring it so to be. It is plain therefore that
Law, (or we could rather in this case say Jurisprudence)
which is not authoritative with respect to
a Judge Legislator, may not be authoritative with respect to a

Identifier: | JB/028/176/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	176	Info in main headings field	common law particular laws
Image	001	Titles	[[titles::note [a] / note]]
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b9 / e10 / b11 / e12
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia symbol]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9441
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