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1828 Aug. 24
Blackstone
Proceed to the next Article – Article 5. As we advance Thicker and
thicker still, confusion growing. Rights he now distinguishes
into absolute and relative. The few Absolute Rights Absolute rights?
where are they? Answer. Nowhere.⊞ ⊞ No right but what is relative: bearing a relation to some correspondent obligation. Oh but says continues he absolute
are such as belong to individuals, relative, such as regard
members of society. Well and those individuals
of his, how many of them are there that are not "members
"of society?"
Now for the next Article: Article 6. Those same absolute
rights of individuals are so many rights that are regarded
by the municipal laws and which "compose what is called
"political or civil liberty". Darkness this, of the very blackest Darkness in truth this is of blackest line
line, and of those same rights he moreover informs us
that they are duties (for as per Art. 3 all rights are duties)
to which municipal laws, of which that is to say the laws over the laws
he is then expounding "pay no attention".
Next comes Art. 7, in which we are told that
political or (say) civil liberty is the natural liberty of
mankind, so far restrained by human laws as is necessary
for the good of society." Restrained so far as necessary
to? what if it were not thus restrained? Mischievous enough
it would doubtless be: how is the loss to liberty?
Licentiousness it would be, of any one plan: but by licentiousness
is meant liberty and something more – liberty so employed
as to be productive of mischief.
Here then absolute rights he informs us he has been telling us compose what
is called personal and civil liberty were not relative and yet
they are regarded by municipal laws and yet they are not
relative.
They compose what is called political or civil liberty –
those same absolute rights and this same political or civil liberty
is restrained by human laws, and still it is not relative.
Identifier: | JB/030/115/001 "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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115 |
blackstone |
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001 |
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text sheet |
1 |
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recto |
d6 / e6 |
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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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9622 |
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