JB/014/382/001

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1829. June 7. I 2 25
Art. in West. Rev. (Utilitarianism.)

50.
In employing 2 assumptions
1. that it is the general
rule of action laid down
by competent authority.
2. that whatever is
meant by rectitude &
propriety this rule is
a proper one: take
any maxim of justice
& apply it so that justice
will be done. It will
be found that a dictate
of justice is greatest
happiness principle
is same as do. of justice.
In & by the employmt. given to the word justice two
assumptns. are implicitly impliedly contained: assn. 1. that by compett. authory. the
general rule of actn. has been laid down: assn. 2. that whatsever
be meant by rectitude & propriety this rule is itself reference had
to the situatn. in whh. it is thus placed — a right & proper one. Now then take
for exemplificatn. & explanatn.'s sake any one of the rules of detail brought to
view in the characr. of rules or maxims of justice: rules by the observance
of whh. justice will be done — rules by the non-observance of
whh. justice will be violated or in other words injustice will
be done. If then so it be that the rule thus exhibited in the
character of a maxim or dictate of justice is the same whh.
on this same occasn. wd. be found to be a dictate or say
precept emanating frm. the greatt. happss. prine., then thus
far are the notions of the author of the rule in a state of
conformity & due subordinatn. with reference to the greatt.
happss. prine.: & the dictate or say precept thus deduced
on the greatt. happss. prine. may be said to be a
dictate of justice in considn. of the determinateness of the form
of words by whh. it stands expressed.

51.
To have a clear idea
of it justice must be
divided into civil &
penal.
Vague, obscure & little satisfactory as the incomplete
explanatn. of the word justice must as yet be
confessed to be this is all that can yet be done towards
rendering the import attached to it clear & determinate.
Before the concept. conveyed by it can be clear &
adequate a divisn. of its import must be brought to view made. A
divisn. whh. has been made by the hand of custom &
of whh. the words civil & penal have been made
the instrumts.

52.
All-important principle
in civil justice
according to J. B. is the
non-disappointment
principle -- See Review
of Humphreys.
According to Mr. Bentham the one all-comprehensive
rule of civil justice applicable to the purpose
of giving import & expressn. to all arrangemts.
havg. for their subject matters the subjt. matts. of proprietary
rights in all their several shapes or still more
generally all objects of general desire & seats of
value is that whh. he has termed the non-disappointmt.
or say disappt.-preventg. prince., a prince. of whh. some
further explanatn. herein below above, as also in the art.
on Mr. Humphreys' work on Real Propy. intro
of this Revw. not that without some modificatn.
received from two other sources this subordinate prine. can
consistently with the dictates of its superordinate the greatt.
happss. principle be employed to determine the expressn.
given to all the arrangemts. belongg. to this branch of
the all-comprehensive rule of actn.: but to make any
further advance into this field wd. be to
too widely from the track properly belongg. to this arte. so

Identifier: | JB/014/382/001 "JB/" can not be assigned to a declared number type with value 14.
Date_1	1829-06-07	Marginal Summary Numbering	50-52
Box	014	Main Headings	deontology
Folio number	382	Info in main headings field	art. in west. rev. (utilitarianism)
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f25
Penner	john flowerdew colls	Watermarks
Marginals	john flowerdew colls	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	5145
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