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Law COMMON X STATUTE. Differentia motivorum.
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Outer Door of a House open — inner forceable — contra
Outer Door of a Barn not forceable. Born-Distress. 460.
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No power of distress in the 1st lessee if
he assigns over his whole terms if
he reserve a years, tho utility is the same
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It is not always that the line of analogy concerned is
that of utility. the former is straight and influences
the latter is bent on takes a thousand from the influence
of the circumstances it meets with in it's course.
The reasons for regarding that judicial decisions
be govern'd by analogy are two:
1st To keep the judge from assuming the province
of the Legislator, which he would do if he
were directed governed solely by considerations of convenience:
whereby that province would pass
into other hands, than are intended.
2dly That those who are to act in any new
care they be better able to conjecture beforehand what is
likely to be the decision, & to order not their conduct
accordingly.
For both these purposes
it is necessary that the
line of analogy be neither
bent nor broken.
To judge whether two rules such a rule which be is given proposed as
being like another rule, is so, is can has but
to compare the rules themselves: to judge whether
it be in itself, he has a variety of exterior
circumstances to consider, which themselves
in different numbers groups & standing differently upon
different persons make this a task
much more difficult than the former.
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Identifier: | JB/063/049/002 "JB/" can not be assigned to a declared number type with value 63.
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law in general |
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law common & statute differentia motivorum condendi exempla |
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jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
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