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CERTAINTY. Form of Comm. Law. Disadvantages of.
And this is one cause reason why a point of Common Law
must be more prolix in it's commendation than
one of Statute Law: because for a point of statute
Law may carry it's own expediency upon the
face of it: but a point of it cannot carry it's analogy
to the upon the face of it: no new point of
Common Law can have authority, unless there be some
other next point which has still greater higher: but a new
Statute would have equal authority, tho' there
should be no other in the world.
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CERTY. Comm. Law. Disadvantages of
The course taken by a man in his endeavours to establish a
point of common Law is this —
He first sets up an axiom something in the form of a snare
In the foundation of particular usages or decisions; which are brought
into view, if the axiom seems in danger to be questioned
otherwise omitted not: then from the axioms so set up,
he argues downwards to the establishment of the
point in question.
Identifier: | JB/050/067/001 "JB/" can not be assigned to a declared number type with value 50.
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jeremy bentham |
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