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1828 July 29
Blackstone explained familiarism
You, who read this, have a right to the coat which
is at present on your back. This right – by what process of
law is it conferred and constituted and conferred? Answer.
By the following.
1. The law (a determinate portion of the matter of law)
has imposed over me and everybody but you the obligation of
not wearing it, or preventing you from wearing it. In so
doing it conferred on you the sort of right which is constituted
by the imposition of a correspondent obligation.
2. It abstained from including you in that otherwise
all-comprehensive obligation. In so doing, it conferred on you
that sort of right which is constituted by the absence, or say
the non-importance of the correspondent obligation.
Without the first of those rights, the second other would be of little
use to you: without the second of them, the first would not be of any
use to you at all.
By the course union of those two rights, the law has conferred rendered
on you a certain species of correspondent service: call it the primary, or original,
the law makers, or say legislation-exercising or say legislation or legislational, in contradistinction to the judicial service of which
primary right conferring service: the legislational, in contradistinction to the judicial, of which presently.
But, an incident which, but for care today further care taken by the
law to prevent it, might have at any time have place, and cause
you to lose all effective benefit from such your compound right, is –
my taking it up up your coat, when you have pulled it off, and either
putting it on my own shoulders for my own use, or giving
it or selling it to some other person for his use.
On this account it is that in the event of such my so dealing
with your coat, it the law has made provision of a functionary stiled
a Judge who, in the event of your applying to him, he procures for
you at any charge restitution of this this same same garment, is proposed to
compel me to make such
restitution: employing for that
purpose the physical power of
certain other functionaries, who by
appointment of the law have,
further and sinister purposes been put under his direction, and under the obligation of conforming to them. such directions. Call this service the judicial right-conferring service.
Identifier: | JB/031/086/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-07-29 |
not numbered |
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031 |
civil code |
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086 |
blackstone /familiarized / explained/ |
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001 |
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text sheet |
1 |
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recto |
c1 |
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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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9772 |
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