JB/050/066/001

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CERTAINTY Form of Comm Law. Disadvantages of.

The very Friction which gives foundation to runs through & cleaves to
the very essence of the Common Laws is subjects it to runs
perpetually to run counter to the purposes of true Policy.

The course of the Common Lawyer as of the Algebraist, is to set
out with supposing his work done: the question is,
always, not what shall be, but how what is the common Law: now what
ever it is, now, is what it is already; whereas what is not
as yet, but remains to be made to be, may, where
so made,+ be accommodated to the exigencies of the
present time.
+may be governed marked out by
this improved reasoning.

Hence it is that in common Law, a reason
may be competent that is no ways founded upon and end with
I except here, the general
expediency of maintaining
uniformity which runs
alike through the whole all decisions
& has no particular application
to any one.
[any particular] expediency: & in effect therefore, Reason the word
Reason as applied to Common & to Statute Law
has two different significations: in the latter, it
denotes the special expediency of that particular provision to which
it is applied: in the latter, only that general expediency which
results from its concurring and the general plan of uniformity
of , and of restraint upon the Judge: in the latter it means
a Justification, in the former only a cause: in the latter, it
accounts for "why it ought to be;" in the latter, simply for "why it is."

Identifier: | JB/050/066/001 "JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	066	Info in main headings field	certainty form of comm. law disadvantages of
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	gr
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16057
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