JB/030/101/001

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1828 Aug. 15
Blackstone

Now then, so it is, that as we have seen
already, that, the commands addressed though without the commands addressed to such Judges
the commands be of any use, yet are they
already, that as to the commands addressed to individuals how perfectly so are the commands so ever,
without the commands addressed on the same occasions to Judges
they would be ineffectual and useless, yet they would not be
the less intelligible: and such being the they being so, they are capable
of being the collection of words by which exp they are expressed
are capable of being lodged in one body which
the collection of words by which expression is given to the
the commands addressed to Judges are consigned to under
a different book. Meantime But though the commands addressed
to individuals are thus capable of being made intelligible
without any reference whatsoever to the commands
addressed to Judges, the converse of this proposition is
not true: the commands addressed on the occasions
in question to Judges can not be so much as understood,
without reference, nor otherwise than by reference
to the correspondent demands addressed to Judges.
By forbidding all other persons from meddling with your boat
but permitting you at the same time to do whatever you have
a need to do with your coat so as you do not do mischief
with it to anybody else the sovereign (say more shortly the law by which he operates), gives you the right
you have to your Coat: But when for the possession purpose
of giving to you the benefit of this right the Law addresses
itself to the Judge it is not possible for it to produce
the so intended effect without allusion, and reference
actual or virtual, to the law by which your right to
that same coat has bee as above been constituted given to you and
established. Punish so and so every man who has taken
the coat of another – that is to say the coat to which
another man and he alone has a right: here thus then comes
the necessity of referring to that part of the law in which it is
stated to what benefits each man has a right. But, whatsoever
benefits any man
has a right, this right
he could not have unless
some particular state of things or event has least place
some state of things or event
which gave commencement
to such his right:⊞ ⊞ for example by having bought
it from or upon the death of his
father found it in a box in
which his father kept it: nor unless
right so it is, that since
that time no other state
of things, to which the law has given the effect of putting an end to such his right that same right: for example, he giving it having given it, or sold it, or selling it, to some one else: and thus it is that allusion and⊞1
⊞1 and reference are made
to the subjects intended efficient causes
of right and efficient causes of expectation
of right; both which belong with⊞2
⊞2 incontestable property to the
matter of the Civil Code.

Identifier: | JB/030/101/001 "JB/" can not be assigned to a declared number type with value 30.
Date_1	1828-08-15	Marginal Summary Numbering	not numbered
Box	030	Main Headings	pannomion
Folio number	101	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	richard doane	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9608
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