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Source of guidance, greatest
happiness principle: this prin.
said by all Governments and persons
– by those with, and without
power: on it depends existence
of species. By him
whose power is uncontrolled,
happiness of those under him
neglected & sacrificed; if he
has sharers, their's consulted
or professed to be.
In this work source of guidance
greatest happiness of
whole community.
The dictates brought to view
on every occasion – for existing
arrangements Blackstone's
Commentaries referred to.
As in private so in political
life, happiness aimed at
all men every man. In political affairs
conceptions obscure & unexplicit,
if so now, much more
so in early days when foundation
of present rules of action were laid.
Hence in concurrence with
grst.
happiness, two other principles
influencing conduct of
Legislator & Judge, the imitation
or precedent following & the custom
observing or pursuing.
These like two opaque bodies
– I have hidden the exclusively
luminous one.
For adopting these two principles
by great law functionaries
cooperating considerations
various.
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Research, judgement, intellectual
& active aptitude
necessary for applying greatst
happiness. As of L.S.D. in
Commerce, so of pleasures &
pains in Legislation & Judicature
– they must be estimated
& set off agt each other, to
strike a balance.
For the other two, no such
skill necessary. "What is my
thought like", a child's play.
For Plaintiff's Advocate, this
like a case decided in favor of
Plaintiff, per Defendant's – this
like one, in favor of Defendt.
– per Judge it is like this, or
that, which his grandmother
cd. say as well.
So far determined by love
of ease.
In precedents, if functionary
has a particular interest, his
decision will be regulated by it.
But if imitating is situated as
imitated was, then while acting
like his predecessor, he pursues
his own interest & without
scandal.
Interest of all Judges to get
maximum of power.
By pursuing track of his predecessor
without relying on his
own judgement, he gets praise
for humility & modesty. He sings
song of eulogy: praise on individuals
is do. on situation,
which he now holds. If objects
of admiration to learned, much
more to unlearned.
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Almost all the rules which
will be referred to, grounded
on imitation principle.
Identifier: | JB/031/141/001 "JB/" can not be assigned to a declared number type with value 31.
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not numbered |
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031 |
civil code |
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141 |
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001 |
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marginal summary sheet |
1 |
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recto |
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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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9827 |
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