JB/031/138/001

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30 Septr 1828
Blackstone.

81
Use of Law, to confer benefits,
& impose burthens, its
object, to maximize the one
& minimize the other.

81*
By benefit understand
good from a certain source.
By good understand pleasure

82
By burthen, evil from a
certain source.

83
By evil, pain or exclusion
from pleasure.

84
A good may be considered
without reference to the effects
of the act that produces it –
so that the slightest pleasure
may be produced by an act,
causing the greatest pain.

85
Use of law, one thing; of
knowledge of it, another.
Law of some use to those
who know nothing of it, as
measure, infants: but such
use sadly inadequate compared
to that derivable from knowledge
of it.

86
Benefits conferred only
by corresponding Rights.
A right – how created &
conferred?

87
Only by correspondent
obligation, which is to a
burthen what benefit is to
a right.

88.
Obligation created by
correspondent command: no
command efficient without
punished attached to it.

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89
Benefit may be derived from
law, without conferring a right
– but this inconsiderable.

90
The Park which I see, is
embellished by H.M. from which
I derive a benefit without any
additional right. If I may
now go there on horseback, here
a right produced by the same
cause that produced the benefit.

91
At present the right depends
on H.M.; not so the
benefit – if a wall raised,
the benefit wd. be taken away
but no right.

92
Efficient causes of burthen
are 1. Physical agency
2. Human Do.

92.*
These are, by
1. Individual agency, or
2. Government do.

93.
Individual agency may be
1. without wrong or,
2. with and by wrong.

94
Govt. agency may be
1 Without design – to produce
benefit or,
2. With design – for
1 Satisfaction or
2. Punishment.

95
Right valuable only, as it
has a correspondent benefit.
With every benefit a correspondent
service.

96
Use of these two words.
A service may be a benefit
considered with reference to
its source. Generally

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98*
Ordinarily the word Service
has reference to persons.

97.
A use however in speaking
of service derived from
things and conferred by do.

98
Of benefits, sources,
1 Real. 2. Imaginary
Real – 1 Persons 2. Things.

99
Imaginary – things incorporeal.
Necessary to speak
of them as Lawyers have so
named them, that they may
seem to be really in existence.

100
Every one of them has its
root in really existing sources.

101
These sources, are subject
matters of human operation
by which benefit is derived & service extracted.

102
The imaginary things above
mentioned, are such subject-matters
– they are by Legislature
annihilated and sometimes
transferred.

103
Ex. Right of admission to
Mechanic's Institute.

104
As belonging to one person
to the exclusion of others

105
A benefit is termed property.
Considered as being able
to derive from benefit Good
in any shape, it is said to be in
his possession. This a non-entity,
about which we
talk as if it really existed.

106
This fictitious way of
talking necessary.

Identifier: | JB/031/138/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-09-30	Marginal Summary Numbering	81, 81*, 82-96, 96*, 97-106
Box	031	Main Headings	civil code
Folio number	138	Info in main headings field	blackstone
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d7 / e7
Penner	richard doane	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections	jeremy bentham	Paper Produced in Year	1828
Notes public		ID Number	9824
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