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1828 Aug. 5
Blackstone
Moveable subject matters of property – considered in the
aggregate 1. Efficient causes of rights in relation to them
respectively
Whatsoever is employed in the sustenance or in
any other way applied to the use of man, it is out of the earth
that it springs.
1. In the first place it is found: when found it may
either be put to use at the instant, without further labour trouble
or for the purpose of giving birth or encrease to its usefulness
labour may be added to and employed upon it.
Of things pure to use without the intervention of labour
employed in the improvement of them, examples are – eatable
fruits and eatable roots. 1. Efficient cause of title right
antecedently to the time when the earth in which they were found
growing was made the subject matter of exclusive property right, say
finding, or say discovery. Reason-rendering principle, the
Disappointment-prevention principle.
The case in which immediately on discovery the
product – the fruit – the apple, the strawberry is pluckt and
put into the mouth, is the case in which the quantity of labour employed
in putting it to use is at its minimum.
The next degree on the scale of the quantity of
labour employed the next degree is that in which to the
labour of discovery is added the labour of taking: no change
in form being in this case necessary to the application of the
thing to use. Efficient cause of right in this case, say
Venation – labour employed in hunting and .
In this case a the las Subject matters to which this efficient cause of
right applies are such animals of all sorts as are endowed possess
with the faculty of loco-motion: quadrupeds and other animals
moving on the earth's surface, birds above it, fishes
beneath it.
Shellfish, animals as they are, are in this respect on the
footing of vegetables.
Here As the quantity of labour
necessary encreases, so
does the force of the reason-rendering
principle:
the greater the labour
expended in obtaining,
the greater will be the
pain of disappointment
felt on losing.
Identifier: | JB/030/096/001 "JB/" can not be assigned to a declared number type with value 30.
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1828-08-05 |
not numbered |
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030 |
pannomion |
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096 |
blackstone |
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001 |
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text sheet |
1 |
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recto |
d2 / e2 |
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jeremy bentham |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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9603 |
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