★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Custom was, they did. They were not obliged:
not by the they were not obliged that is, by the political Sanction.
Determined At the same time they were determined to that
mode of conduct [they weren't by what?⊞ ⊞ By considerations of what is called Natural Justice [enforced] by the oral Sanction. By the
moral Sanction. Having that confidence placed in
them, being intrusted with the goods, deriving having that
profit from by them, (which probably in the time
of bad roads & unfrequent traffic was a high one)
having it in their power to take care of them, &
the owner no longer having it in his, it seemed
reasonable as[a] they should Carier should be answerable. The owner always expected it. The Carrier was sensible
it was expected of him, and prepared himself accordingly.
NOTE
[a] It was reasonable⊞ ⊞ because agreeable to the principle of Utility: It was agreeable to the principle of utility because loss by the
Carriers bearing the loss, loss Pain would be
produced between the two, (and thence in the society
at large so far as affected by their pain) than by the
Carriers Owner's bearing it. A pain of Privation, both either of
them would suffer, but were the owner to bear
it, superadded to this pain of privation, he would
feel (if he did not expect to bear the loss,) a pain
of disappointment: which the Carrier if he did expect
to bear the loss, would, were he to bear the
loss, not feel.
Identifier: | JB/028/121/002 "JB/" can not be assigned to a declared number type with value 28.
|
|||
---|---|---|---|
028 |
comment on the commentaries |
||
121 |
common law |
||
002 |
|||
text sheet |
4 |
||
recto |
b1 / / / e4 |
||
jeremy bentham |
[[watermarks::[monogram] [britannia with shield emblem]]] |
||
9386 |
|||