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'' | <head>FORM OF COMMON LAW</head> | ||
<p>Before jurisprudence was shielded<lb/>continually, men [would] take up<lb/>many things they don't know why &<lb/> lay them down [again] <add>with as little reason <add>ceremony</add> they dont<lb/>know why.] A sudden conceit<lb/> springing up in the head of one<lb/>more <add>having <gap/></add> becomes a rule to that<lb/>Man [for the time being] <add>is</add> If <add>contrary</add> <del>becomes</del><lb/>a Rule perhaps <add>by</add> to the next who<lb/>succeeds him, <add>to one</add> who thus saves<lb/>himself the trouble of thinking for<lb/>himself, or who finds those around<lb/> him disposed to expect<lb/>its continuance. Another<lb/><add>again</add> shall have one of his own<lb/>which <del>meeting with</del> <add>finding</add> greater marks<lb/>of acquiescence among bystanders<lb/>& meeting with a longer succession<lb/>of copyists, habituates at<lb/>length <add>habituates to it</add> men's expectations to it<lb/>so much, as to be regarded<lb/> as <del><gap/><gap/><gap/></del> <add>established and unalterable</add>.</p> | |||
<p>Its final <add>prevalence</add> triumph is more secure<lb/>if it happens to be committed<lb/> to writing at a time when<lb/>the few collections <del>of <gap/></del> so<lb/>distinguished <del>become</del> merely by being<lb/>so distinguished become sacred.<lb/>Great must then <add>thence forward</add> be the resonation<lb/>of that man who will</p> | |||
<pb/> | |||
<head>CERTAINTY FORM of COMMON LAW v. <unclear>Frad's</unclear> <gap/><lb/><foreign>stare decisis</foreign></head> | |||
<p>venture to depart from it, unless<lb/>strongly stimulated, by <add>interest</add> [fears hope<lb/>or resentment.] prostrate motives In default<lb/>of any reason which they can find<lb/> for it, they by this time attribute<lb/>to it a secret one on the score<lb/><add>changed into <gap/></add> of it's antiquity, which they presume<lb/>presumed best because it is not <gap/><lb/>to be the best because they do not<lb/><add>see it themselves to attribute to any thing of <gap/><lb/>a merit which they could <gap/> have brought</add>would refuse to any [which should<lb/>have <del>springed</del> <add>sprung</add> up under their own<lb/>eyes] of whose original they had<lb/>themselves been witnesses.</p> | |||
<p>It is pleasant to hear [how] Lawyers<lb/>[will] boast<add>ing</add> of the <hi rend="underline">universal</hi> approbation of these usages: as<lb/>if all the heads in the nation<lb/>had assembled periodically & <del>of the</del> age<lb/><del>having</del> <add>after</add> mature deliberation <add>renewal of each usage</add>, had<lb/>seen that it was good.</p> | |||
<p>To this <sic>elogium</sic> such as it is,<lb/>every usage is entitled, which<lb/>has not occasioned an insurrection<lb/>in the people to abolish it. </p> | |||
<pb/> | |||
<p>Instead of the blind and tortuous road, which pursuing as<lb/>being the only one, more commonly indeed arrive at Justice<lb/>that too often stuck fast in the Quagmires which <gap/><lb/>and always advanced by the <sic>expence</sic></p> | |||
<p>It is proposed to make every where an open & direct one<lb/></p> | |||
<p>To reduce the <sic>expences</sic> of that necessity transmit <add><gap/></add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
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
---page break---
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.
---page break---
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
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Identifier: | JB/050/070/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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070 |
certainty form of common law |
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001 |
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text sheet |
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recto |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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cc1 |
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16061 |
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