JB/030/082/001

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1828 Aug. 2
Blackstone

From the notion of rights comes the notion of powers,
from the notion of powers, the notion of trusts.

So much for as to rights: now for as to powers. In all notion
to the right – the corroborated backed right† † Quere probative-backed as to corroborated?
From the notion of obligations and that of laws comes the If employed here, it may be employed
notion of Offences at the outset; and should be. – to the Coat the Legislator
thinks fit to add, in power in relation to this same Coat,
a power: a power to give or sell the Coat to any
person he pleases. Say, in the first instance, to give it For the production of this effect
what is the course he takes? Answer – the following.

The indispensable original command – the prohibition
addressed to Cupidus, remains unvaried. But the exemption changes hands.
From those of Vestilus it passes into those of Donatus.

Now then how is it that whereas it was to a simple right
that Vestilus was indebted for the use he was making of it
by wearing it, it is to a power that Donatus is indebted
for the right which he has to wear it: a power – and
that a power exercised by Vestilus? Answer. It is in this
way. When the right was given, no person was there
on whose part an act of concurrence was necessary to the production
of the effect: whatever was done, it was by the Legislator it was that it was done: by the Legislator, and
him alone. On Cupidus the by means of a comprehe the
requisite sort of command – a prohibitory command – in a word
a prohibition, the requisite obligation was composed
or for for the imposition of it no act on the part of
Vestilus was made necessary. At the same time
by means of the appropriate licence permission, or say allowance,
for the establishment of which nothing was necessary
more than but the simple forbearance to apply the prohibition
to Vestilus, he gave to Vestilus the right to wear the
Coat, or on his own person make whatever other use
he might at any any time feel disposed to make of it: for
example, lay on retiring to rest, lay it on his bed. Those
uses, or any other, he
would make of it at pleasure.
But whether he made any
use of it, the right to it,
he would eually have
in either case.
Thus

Identifier: | JB/030/082/001 "JB/" can not be assigned to a declared number type with value 30.
Date_1	1828-08-02	Marginal Summary Numbering	not numbered
Box	030	Main Headings	pannomion
Folio number	082	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c7 / c1 / d7 / e7
Penner	jeremy bentham	Watermarks
Marginals	richard doane	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9589
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