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Click Here To Edit 1819 Feb. 24 Civil Code Ch. 3. 2 2

As in almost all other instances so in this a newly framed body
of Laws can not take place without finding that part of the field
of Law to which it applies itself already to a greater or less extent
covered with existing arrangements; in which arrangements in
proportion as it applies itself it makes correspondent changes.
On the occasion of these changes it behooves the Legislator in the
first place and after him the Judge to bear in the mind the following
salutarily-restrictive principle or rule: as in the framing
of the new law each new regulation so in the interpretation put upon it avoid
as much as possible the defeating of pre-established expectations;
expectations, to which the Law in the state in which
the new arrangement finds it had given birth: of every instance
of such defeat — of such disappointment produced the effect
is the production of a painful sensation or sensation of
disappointment: and not without reason the quality of injustice
ascribed to the new arrangement by which this painful sensation
has been produced. Never without absolute necessity nor
even then beyond the extent of the necessity let any such change
be made to take effect. By necessity is here to be understood
the exclusion of the preponderant evil which without the change
in question could not be excluded: or the introduction of a
preponderant good which without the the change could not be introduced.

The rights of property — the rights by the execution and attribution
of which property is conferred and preserved these and the
rights belonging to condition in life are the rights to which this
rule more especially than obviously applies. Of The evil which
it seeks to exclude will the magnitude will of course be in
proportion to the value of the right. If in compensation for a
right thus taken away an equivalent be given — the equivalent being pain of disappointment
and that an adequate one — the mischief in question — that is not produced.

Identifier: | JB/037/002/001
"JB/" can not be assigned to a declared number type with value 37.



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civil code

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civil code





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john flowerdew colls




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