JB/031/029/001

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1828 Aug. 27
Blackstone

7 7
Ch.2. Universal Jurisprudence
Rights &
Possession

2. But if coat in his
house & door locked,
you have no right to
break it open & take
your coat.

2. But suppose the coat to be in his house, and the door of the house locked against you
are you then in legal possession of the coat? have you in
this case a right to break into his house by force, and
then take possession of the coat? Not you indeed. This seems clear
enough: still more so then it is, that when as above you
take the coat from the bush.

3. But if door open &
taylor standing there, can
you push by to get your
coat? doubt, probably not.

3. But now suppose the door neither locked nor
shut, but the taylor or a man of his standing with the
door and for refuses to let you have the coat, and forbidding
your entrance: in this case state of things is the coat in your possession?
in this state of things have you a right, spite of the prohibition,
and to push in, search the house for your coat
and take it? Here would be great doubts: answer probably
in the negative.

Can you strike him?
No, no.

Could you without being punishable at his suit, for
the purpose of getting in to his house, beat apply a blow the opponent?
Under law no it is, assuredly no: no, nor so much as
a shove: for beyond dispute a shove is an assault.

Law as it ought to be
wd try to exclude these
doubts not Law as it is.

Note that all doubts of this sort, Law as it
ought to be would look after, and do by appropriate enaction,
do its utmost to exclude. Law as it is knows both
things. By the solution of such doubts, security, says its
admirers would be destroyed.

Go on p74. Analysis

☞ Go on to speak as per Analysis p 74 of "recapture of good
"entry in lands and tenements abatement of nuisance. distress
"for real or damage, securing of threats &c"

Identifier: | JB/031/029/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-08-27	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	029	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d7
Penner	jeremy bentham	Watermarks
Marginals	richard doane	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9715
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