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1828 Aug. 9
Blackstone
Happiness, as above we have just been observing is the
mark which every man as in private so in political
life, every man whether in the situation of Legislator, or
in that of Judge, the Legislators Helper and Subordinate
where there is a Legislator has everywhere and at all
times aimed at. But in political affairs business – in affairs business
conducted on so large a scale, the in no small
degree obscure and inexplicit, even still in so advanced
a place stage in the career of civilization as ours the present
are the conceptions of the generality of men. But of such
they are even now still much more so they can not but
have been in those early days in which the such foundations
as are still perceptible of the rule of action now prevalent
were laid.
Hence it is – that, in concurrence with the greatest
happiness (whose soever was the happiness in question) two
other principles may be throughout be seen presiding over
and possessing a greater or less share in determining giving determination
the conduct of men in both the above situations – that is to say
that of the Legislator and that of the Judge: and this to
such a degree that to a vast extent in the whole field
of law and to of those these extraneous principles efficient causes such as the use has been
that has been the effect that, by them, on the occasion of the use made of them as by so many
bodies all appearance traces of references to the exclusively
luminous body above mentioned have been kept out of sight.
To those principles – and hereby now for the first time brought to
view by and under appropriate names may be given the several
denominations of the – or say precedent following
principle, and the custom observing or custom preserving
principle: the or precedent following, when in so far as it is the law of conduct
real or supposed of
some determinate individual
or set of individuals
that is the object
which it is the endeavour
of the legislator or the Judge
to : the custom preserving
where the conduct of an indeterminate multitude of individuals others who in this behalf have, or have been are supposed to have been speaking in succession
in conformity to each other, whether in the character situation of men in parts, or in the situation of men at large acting with the consent, actively or passively given by those
their superiors.
Identifier: | JB/031/094/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-08-09 |
not numbered |
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031 |
civil code |
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094 |
blackstone |
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001 |
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text sheet |
1 |
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recto |
c3 |
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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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9780 |
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