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FORM OF COMMON LAW
Before jurisprudence was shielded
continually, men [would] take up
many things they don't know why &
lay them down [again] with as little reason <add>ceremony they dont
know why.] A sudden conceit
springing up in the head of one
more having becomes a rule to that
Man [for the time being] is If contrary becomes
a Rule perhaps by to the next who
succeeds him, to one who thus saves
himself the trouble of thinking for
himself, or who finds those around
him disposed to expect
its continuance. Another
again shall have one of his own
which meeting with finding greater marks
of acquiescence among bystanders
& meeting with a longer succession
of copyists, habituates at
length habituates to it men's expectations to it
so much, as to be regarded
as established and unalterable.
Its final prevalence triumph is more secure
if it happens to be committed
to writing at a time when
the few collections of so
distinguished become merely by being
so distinguished become sacred.
Great must then thence forward be the resonation
of that man who will
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CERTAINTY FORM of COMMON LAW v. Frad's
stare decisis
venture to depart from it, unless
strongly stimulated, by interest [fears hope
or resentment.] prostrate motives In default
of any reason which they can find
for it, they by this time attribute
to it a secret one on the score
changed into of it's antiquity, which they presume
presumed best because it is not
to be the best because they do not
see it themselves to attribute to any thing of
a merit which they could have broughtwould refuse to any [which should
have springed sprung up under their own
eyes] of whose original they had
themselves been witnesses.
It is pleasant to hear [how] Lawyers
[will] boasting of the universal approbation of these usages: as
if all the heads in the nation
had assembled periodically & of the age
having after mature deliberation renewal of each usage, had
seen that it was good.
To this elogium such as it is,
every usage is entitled, which
has not occasioned an insurrection
in the people to abolish it.
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Instead of the blind and tortuous road, which pursuing as
being the only one, more commonly indeed arrive at Justice
that too often stuck fast in the Quagmires which
and always advanced by the expence
It is proposed to make every where an open & direct one
To reduce the expences of that necessity transmit
Identifier: | JB/050/070/001 "JB/" can not be assigned to a declared number type with value 50.
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certainty form of common law |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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