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10
Universal Jurisprudence
(5 § 1 Rights &c
Subject matter of beneficial occupation
given, efficient causes
of diminution of its value
1. Right
viz. 1. by co-possession
acting severally, 2. by
do not acting but corporally
The subject matter of right possession physical & legal and right of possession
being given, the efficient causes by which the value
of it may be is diminished are these.
1. Junction Association of co-proprietors co-possessors to the proprietor in question.
Suppose no such co-proprietors possessors the right may be said to
be integral — or say integral as against co-possession.
In the case of such co-possession may the occupation by the co-possessor may be
either 1. in severally: 2. no otherwise than in a corporate capacity — or say in corporally.
In this latter case the occupation
is by one alone, or by
a comparatively small
number for the benefit
of all, according matter of to the
will of the majority of
all.
2. Part of the subject
matter operable upon
limited.
2. Limitation as to the part of the matter — the corporeal
subject matter whether thing or person thing immoveable or moveable to which the right of
occupation applies.
3 Species of operation
limited
3. Limitation as to the mode of occupation, or say use
or uses to which the right of deriving benefit from the subject
matter in question applies. To For With limitation for the in
this shape will apply cer apply a correspondent negative service,
namely service in the rendered to some party interested
rendered to him by forbearing to exercise the acts of the sort of those of which by
the limitation in question the exercise is inhibited.
Precept by which
all right of occupation
how integral so ever
is limited
Note that a limitation, which by the enactment of a
the Penal Code is applied to the most compleatly integral
right in relation to every subject matter whatsoever it be is
expressed by this precept. So in your view for your own benefit in such sort
as not to impose thereby a more than equivalent burthen
upon anyone else. In Latin so much more shortly though not quite altogether so correctly. Sec
, ut ultium non
No operation by which may
be produced to
matter preponderant
over the good to yourself
Example. will your knife
cut not throats
In your pocket you have a knife. The knife you may employ in cutting any thing that is your
wish. But without appropriate
law, you must not cut any
thing which is another
man's: above all you
must not employ it
as to cut his throat.
To every cause of diminution
may be a separate
efficient cause of commencement:
and do of cessation
Note that in relation to every such mode of diminution in
value may have place an efficient cause of commencement
and an efficient cause of cessation independently to those which
apply to the subject matter or the right in its integral state.
Identifier: | JB/030/128/001 "JB/" can not be assigned to a declared number type with value 30.
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1828-09-25 |
not numbered |
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030 |
pannomion |
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128 |
blackstone |
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001 |
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text sheet |
1 |
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recto |
d10 / e5 |
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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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9635 |
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