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no more than saying, that a Servant at
least such a servant as a Butler,
having plate of him whose servant
he was under Lock and Key, and stealing,
ought according to their notions,
tho' they could not tell why, suffer as
for Theft, although a person not being
such a servant and having it in like manner
under Lock and Key, and not stealing
it, ought not.
In order For the difference of in signification between
custody and possession to have served
as an intelligible reason ground for their distinction
let us see how the case ought to
have stood. the case should have stood thus.
Some assignable images there ought to have
been already annexed by usage to the word
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possession. In like manner ought there to
the word custody. Between the groupe of
images in the 1st case belonging to the 1st expression, and the groupe of
images belonging to the 2d, there ought
to have been some assignable difference.
It ought in consequence to have been generally
understood, that he who has the
bare custody only of a thing is punishable as for
Theft, for stealing it, tho' he who has
the possession of it is not. Nothing of
all this was so.
I mean not to say, that a Butler
stealing his Master's plate ought
not to be punished as for Theft, but that
the reason here given for it, is a reason
but in words.
What I mean is to put the public in
guard against the artifices of Lawyers,
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that they may not no longer fancy they shall succeed, by a manoeuvre of the notion deceitfulness of which they themselves are scarce aware when
they endeavour to cover the confusion that
reigns among their ideas, by a change
of words.
In order to explain this word, the 1st thing
to be done is to to make a distinction
between Possession as put to and for signify
a Physical faculty, and as put to
signify a legal right. In a word between
Physical Possession, and Legal.
The next thing to be done is to assign a
groupe of images to each. These two
groupes will be very different Under each indeed the groupes of images will differ much from one another according to the subject to which the word possession is applied.
It is I who am in Possession of a
thing. a thing that's moveable. A
suppose, for example.
Identifier: | JB/050/003/001 "JB/" can not be assigned to a declared number type with value 50.
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050 |
procedure code |
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003 |
law terms not understood. possession |
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001 |
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text sheet |
1 |
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recto |
c2 |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield emblem]]] |
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15994 |
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