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Blackstone.
Blackstone's Method, Division
52
Blackstone's 4 division
– method only apparent.
Necessity of dispelling his
clouds.
53
Rights and Wrongs – See
Analysis. Wrongs, privation
of rights, instead of violation
of do.
54
For explanation of wrongs
he refers to rights – but
of rights – no explanation
given – but says rights of
persons – & of things: he attache
same idea to of in the cases.
55
Of (as above) gives idea of
possession. You possess a
coat; – what does it possess?
only properties as colour &c
fictitious entities, of which
he speaks as if real.
56
Applied to persons, it
indicates possession of the
right; – to things, of subject
matter of the right.
Rights confounded
with duties.
57
Instead of duty, obligation
used in this work
– duty gives idea of moral
do. – more than obligation.
48.
Not improbable, his wish
was to inculcate that,
legal duty the same as
moral duty.
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Blackstone's Method, Division
59
So that under all Governments,
duty of subjects
to obey all mandates, and
thus render Govts absolute.
60
In reality by right is
meant a benefit – by duty
a burthen – benefits & duties
tho' concomitant,
quite opposite.
61
Coat your's – only by
your right to it – & obligation
on others not to meddle
with it, or per Blackstone
charged with duty
not to do so. As well to have
said Husband & wife are the
same person, because no
wife, no husband.
62
Art 5. Persons – natural
or artificial – by artificial
he means Corporations.
Use made of the word party
– to a single person or
to many.
63
No use, but danger in
playing tricks with word
person: in speaking of artificial
persons, lawyers
will speak of natural ones
as if dead & living at same
time – and do what they
like, except kill them –
always however plundering
them.
64
"Rights absolute & relative"
– but absolute nowhere:
all are relative.
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Blackstone's Method, Division
65
6. "Absolute rights compose
political liberty". Then
rights are "duties" to which
municipal laws "pay no
"attention".
60
7. "Political, in natural liberty
restrained". If not restrained
wd. it the less be liberty?
Licentiousness if any –
but this means liberty employed
in producing mischief.
67
"Absolute rights, compose
personal liberty, & are
regarded by municipal
laws – and yet not relative.
68
8. Absolute rights – are
rights of personal security,
liberty & private property
– still not relative.
69
9. Rights of personal security
are enjoyment of
life, limb, body, health &c.
Let us see wrongs or privation
of these rights". Here
so many things a man be
deprived of, without ceasing
to be a man. Think
of the appearance of one
who after losing life, is deprived
of health, reputation limb, &..
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Identifier: | JB/031/136/001 "JB/" can not be assigned to a declared number type with value 31.
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031 |
civil code |
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136 |
blackstone |
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001 |
blackstone's method divisions |
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marginal summary sheet |
1 |
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recto |
d5 / e1 |
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richard doane |
j whatman turkey mill 1827 |
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jonathan blenman |
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1827 |
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9822 |
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