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You cannot tell what it is, nor where it is, nor
when it began, nor who made it nor how
it was made: [it is every where, & it is no
where] it is written, & it is unwritten: it is all Usage
immemorial, of which [in many parts <add> a thousand places </add> the beginning can be shewn of
yesterday.
The most accurate account to my apprehension that can be given of it & c
All the account that can be given of it is
this: In observing the decisions of Judges
on a certain given Title, you may perceive a certain
degree of conformity amongst them, as
if springing from & guided by some Law:
This imaginary Law is what goes under
the name of Common Law : it is like the
false radiant point in optics without use of optics
where an object
from which a ray appears to
is seen through two mediums whose densities are of different
densities. But there is no such Point, there
is no such Law.
It's title is like that of hereditary Monarchies, which
through how many generations soever it may have
been traced up, always ends at last in usurpation.
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2
It is no wonder to see Lawyers in general ze
zealous up for the Interests <add> honor of </add> for that track of which they have the keeping.
I do not wonder that Ld Coke should be fond
of magnifying the Common Law at the expense
of the Statute Law: The common Law during a certain p was
his will [+] [+] He always, either had it his Will, or had filed it his Will,or had it in prospect to be his Will. the Statute Law had he never been
any more than his Will not without unless the concurrence
of 500 more
The Common Law was a vast engine of to
which a few others had keys but he the
master key of which the powers were the
greater for being unknown.
His criminal ambition by which at diffi
he sat the which fabric in a flame pl
it off by turns against the Admiralty the + + Maxim of his, that Acts of Parliament contrary to reason, are void.
common Kings's Bench Pleas, the Chancery, the in short Parliament Legislation
Identifier: | JB/050/065/001 "JB/" can not be assigned to a declared number type with value 50.
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050 |
procedure code |
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065 |
com. law - inconveniences of its form |
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001 |
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text sheet |
1 |
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recto |
f1 / f2 |
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jeremy bentham |
[[watermarks::gr [crown motif]]] |
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16056 |
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