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2nd Octr 1828
Blackstone.
107
These the sweets; now
for the bitters.
108.
If right and obligation
explanations presently.
1. Every obligation an evil
2. To impose an obligation
is to impose a burthen.
109
But same cases where obligation
& conjugates employed,
when burthen & its
conjugates cannot be employed.
110
Correspondent to benefit
is service: not such correspondent
fictitious entity
to burthen or litigation. It
might be anti-service.
111
Sources of benefit, real &
imaginary: not so with obligation.
112
What possession is to a benefit,
subjection is to an
obligation.
113
Correspondent to sources
of benefit, are subject matters
of burthensome operation.
Trusts.
114
From transmission of
subject matter of benefit,
good derivable in 3 shapes.
From transmission of an
obligation, burthens in the
same 3 shapes.
115
Value of a benefit limitable
in each of 3 ways. In the
first may also the burthen of
an obligation: by co-obliques.
116
So by limitation of the amplitude
of the mode of operation
whether positive or
negative.
---page break---
117
As a benefit, so an obligation
has efficient causes
of commencement.
118
Do of cessation
119
Do of rational causes
of commencement & cessation.
120.
When obligation necessary
to possession of a benefit,
efficient cause of commencement,
the same for both.
121
So of cessation.
122
So of rational causes of
commencement and cessation.
123
In case of an obligation to
render a service, the two legal
effects conjoined: benefit
allotted to one party, burthen
to the other.
124
Not the good attached to
the benefit, which constitutes
the rational cause of the allotment.
125
Constituted by the obligation
imposed on Cupidus
coupled with the exemption
granted to Vestitus, are Vestitus's
pair of essentially
conjunct rights.
126
By the creation of the
rights is performed by the
Legislator the proprietary property creating
service rendered by him to
Vestitus.
137
By the mandate addressed
to the Judge as above, is rendered
by the Legislator the
service performed by causing
to be eventually rendered to
Vestitus, the Judge's correspondent
judicial service.
---page break---
128
Under greatest happiness
principle, no obligation without
preponderant benefit.
Supposition of burthen
without more than equivalent
benefit is misrule.
129
Example. Cupidus inhibited
from using the coat, &
Vestitus not permitted.
Hence forward by right
will always be meant a
legal right: a moral
is not a legal
130
Sole benefits for which
security by law is derivable
are rights.
131
Correspondent to and necessarily
connected with benefits
and rights are
1. Obligations
2. Services.
131
That which services are
to rights, burthens are to
obligations.
132
Rights are constituted
either by 1 the absence or
in consequence of 2 the presence of corresponding
obligations. Of this distinction
presently.
133.
The only possessors of rights
are persons.
134.
Of things rights may be exercised
merely on their behalf
– as anti-cruelty to animals laws.
Identifier: | JB/031/139/001 "JB/" can not be assigned to a declared number type with value 31.
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1828-10-02 |
107-134 |
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031 |
civil code |
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139 |
blackstone |
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001 |
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marginal summary sheet |
1 |
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recto |
d8 / e8 |
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richard doane |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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9825 |
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