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'' | <head>CERTAINTY. <add>Form of</add> Comm. Law. Disadvantages of.</head> | ||
<p>And this is one cause <add>reason</add> why a point of Common Law<lb/>must be more prolix in it's commendation than<lb/>one of Statute Law: because <add>for</add> a point of <del>statute</del><lb/>Law may carry it's own expediency upon the<lb/>face of it: but <del>a point of</del> <add>it cannot carry</add> it's analogy<lb/>to the <gap/> upon the face of it: no new point of<lb/>Common Law can have authority, unless there be some<lb/>other <add><del>next</del></add> point which has still greater <add>higher</add>: but a new<lb/>Statute would have equal authority, tho' there<lb/>should be no other in the world.</p> | |||
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<head>CERT<hi rend="superscript">Y</hi>. Comm. Law. Disadvantages of</head> | |||
<p>The course taken by a man in his endeavours to establish a<lb/>point of common Law is this —</p> | |||
<p>He first sets up an axiom <add>something in the form of a snare</add><lb/>In the foundation of <add>particular</add> usages or decisions; which are brought<lb/>into view, if the axiom seems in danger to be questioned<lb/>otherwise <add>omitted</add> not: then from the axioms so set up,<lb/>he argues downwards to the establishment of the<lb/>point in question.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
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.
---page break---
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.
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Identifier: | JB/050/067/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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067 |
certainty form of comm. law disadvantages of |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif]]] |
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16058 |
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