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' | <head>CERTAINTY Form of Comm. Law.</head> | ||
<p>The Author of the Commentaries, is pleased to<lb/>tell the ardent<hi rend="superscript">+</hi><note>Comm. 71</note>, like as others <add>probably</add> doubtless have<lb/>done before him, "that the decisions of courts<lb/>of Justice are <hi rend="underline">evidence</hi> of what is Common<lb/>Law" <note>He puts the established custom of the Realm <add>or</add> as<lb/> synonymous to Common Law in p.70</note> If they are not as far as they<lb/>extend, the Common itself, but only <hi rend="underline">evidence</hi><lb/>of a somewhat elses <del>what is so</del> that is so, it would <add>have</add> been instructive<lb/>to have told us what <hi rend="superscript">is</hi> that somewhat else:<lb/>What for instance it was that the late decision<lb/>of the King's Bench in they Negro <unclear>carry</unclear>, or<lb/> that concerning copy-right was evidence<lb/>of, or any other decision which any one<lb/>shall choose.</p> | |||
<p>This verbal artifice <add>contrivance</add> was <add>apparently</add> an expedient to<lb/> give some <add>color</add> <hi rend="underline">footing</hi> to the hollow distribution<lb/><del>between</del> <del><gap/></del> in the preceding page between<lb/>"<hi rend="underline">Bad Law</hi>", an appellation which a Judge is not<lb/>to give to the decision of a predecessor whom<lb/>he does not like, <del>but</del> and that of <hi rend="underline">No Law</hi></p> | |||
<pb/> | |||
<p>And 'tis on this<lb/>happy distinction<lb/>as he assures us<lb/>that the old Lawyers<lb/> are justified<lb/>in the inconvenience<lb/> which they bestow <lb/>so copiously on<lb/>the <hi rend="underline">Laws</hi> as being<lb/>the perfection of<lb/> <hi rend="underline">reason</hi>, & as <hi rend="underline"><gap/><lb/>-standing</hi> always,<lb/>to conform thereto;<lb/>(i.e. to that<lb/> of which it is<lb/>the perfection<lb/>already) & that<lb/>whatever is not<lb/>one is not <gap/></p> | |||
<pb/> | |||
<p>which he may. The plain truth would <add>have</add><lb/>been worth all this ingenuity: but this<add>might<add>would</add><lb/> have led men to reason better than <add>above</add><lb/> It might have led them to <add>detect</add> perceive that <gap/><lb/>foundation of every King that is called Comm<lb/>Law, which crumbles as [you][try][to] lay<lb/>it open — It might have led them to perceive<lb/> that the Common Law any more than <add>the</add><lb/>Aleora<gap/> is not a wonderful correcting<lb/>-ting from the beginning of time, as the <add><gap/><add> I do</add><lb/> of the one & of the other would have <add>thought</add> it<lb/>but <del>a set</del> <add>like the other string</add> of disjointed..... <gap/><lb/>at successive times as there <add>arose</add> was occasion</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
CERTAINTY Form of Comm. Law.
The Author of the Commentaries, is pleased to
tell the ardent+Comm. 71, like as others probably doubtless have
done before him, "that the decisions of courts
of Justice are evidence of what is Common
Law" He puts the established custom of the Realm or as
synonymous to Common Law in p.70 If they are not as far as they
extend, the Common itself, but only evidence
of a somewhat elses what is so that is so, it would have been instructive
to have told us what is that somewhat else:
What for instance it was that the late decision
of the King's Bench in they Negro carry, or
that concerning copy-right was evidence
of, or any other decision which any one
shall choose.
This verbal artifice contrivance was apparently an expedient to
give some color footing to the hollow distribution
between in the preceding page between
"Bad Law", an appellation which a Judge is not
to give to the decision of a predecessor whom
he does not like, but and that of No Law
---page break---
And 'tis on this
happy distinction
as he assures us
that the old Lawyers
are justified
in the inconvenience
which they bestow
so copiously on
the Laws as being
the perfection of
reason, & as
-standing always,
to conform thereto;
(i.e. to that
of which it is
the perfection
already) & that
whatever is not
one is not
---page break---
which he may. The plain truth would have
been worth all this ingenuity: but thismight<add>would
have led men to reason better than above
It might have led them to detect perceive that
foundation of every King that is called Comm
Law, which crumbles as [you][try][to] lay
it open — It might have led them to perceive
that the Common Law any more than the
Aleora is not a wonderful correcting
-ting from the beginning of time, as the <add> I do
of the one & of the other would have thought it
but a set like the other string of disjointed.....
at successive times as there arose was occasion
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Identifier: | JB/050/060/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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060 |
certainty form of comm. law |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
l v g |
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caroline vernon |
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16051 |
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