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1828 Aug. 25
Blackstone
The corrupt attached For carrying to us the conception attached
by him to the word Wrongs he refers us you to the conception
attached by him to the word right: but of the
conception attached by him to the word right no explanation
does he give or so much as attempt to give us.
Whatever the attached What degree of
clearness if any was belonged to the conceptionattached by him to the word Right
you should will presently condition will soon be visible.
Rights thus unexplained he begins with dividing
and distinguishing into Rights of person and Rights
of Things. For Of rights in general, the explanation
given belonging by Universal Jurisprudence and fore- of Law as it ought to
be has been seen already: its clearness will have been
judged of. Now for Law as it is, Blackstone its interpreter:
and at the very first step, confusion the result.
Employing the same word, the proposition of, when
he speaks of rights in conjunction with in relation to the word persons, and
when he speaks of the same word rights in conjunction
with the word things, it seems to him that in both
cases he has conveyed the same idea: but in reality quite
different is the case but no such thing has he done. In the In cases to a great extent, and in this case in particular To the word of is attached
the idea of possession, of which an explanation hath, as
above, been given: of possession, and thence of some person being
real or imaginary, considered in the character of possessor.
Persons Things, corporeal and incorporeal together –
things of both one of those sorts or both to some extent or other
persons of all sorts are said continually said to possess: but unless, it be
in a sense evidently figuratively that is to say pertinent or rhetorical –
who can speak of a thing as possessing anything. That
coat of yours so often spoken of you yourself possessor – you yourself are
the possessor of it: but the your coat, what does the your coat possess? properties
instead, such as
that of being composed principally of broad
cloth, being blue and
so forth: those properties
or some corresponding ones
it does indeed possess: but
those properties are not
– real beings parcels of matter as your coat itself is: they are but so many fictitious beings, fictitious entities, spoken of as if they were real only
for the purposes of discourse.
Identifier: | JB/030/111/001 "JB/" can not be assigned to a declared number type with value 30.
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1828-08-25 |
not numbered |
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030 |
pannomion |
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111 |
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 |
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9618 |
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