JB/028/157/003

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3)

Common Law. Particular Customs. Rules.
Inserenda.

concerning succession to an estate is legalized, by the punishment
of [competitors to the succession] some competitor to
the party favoured by it.

Interested in every [judgement] judicial act act of public power, there are [at least] two
parties. The one the party at whose expence it is
passed; The other the party favoured in whose favour by it. The ground The foundation
the end, the reason motive, the reason, therefore (all these terms are on
some occasion or other we find see employ'd) a is when justifiable,
some utility real or supposed. This utility may be
either such original, or derived from expectation. Of an
act of power punishing a crime inflicting that is of
a nature to produce pain of sufferance in the object
of it, for instance beating beating for instance, the ground is utility original.
For whether a man expects to be safe from
beating or does not, beating is at all events a pain to
him.⊞ ⊞ The effect of punishment is prevention. To prevent his being beaten, is a matter of utility.
For disappointment to take place, it must have been preceded by expectations; and consequently for the pain which it is of the nature of disappointment to produce, it must have been preceded by expectation. Of an act therefore of power punishing an act the
nature of which is to produce a pain of disappointment
apprehended punishing for instance the usurpation of a thing which another has been
to expect the use of, the ground is a utility resulting from expectation. For if led
where a man has not expected expects not the use of
a thing, the hindering him from having it, is not a disappointment
to him.

Previous to any act of public power relative to the matter Of Expectation relative to the enjoyment of an article of property, there
may be two grounds: habit and promise. In other
words a man may expect to acquire or to continue
in the enjoyment of an article of property on two
grounds: either 1st. Because the party at whose expence the
property is to subject has habitually forborn to hinder
him⊞ ⊞ in those in whose place he stands in the enjoyment of it; or 2dly, Because as he whether
he has forborn yet or no, he has promised to forbear.

Identifier: | JB/028/157/003 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	157	Info in main headings field	common law particular customs - rules
Image	003	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	b1 / e2 / b3 / e4
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] [britannia emblem]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9422
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