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the other it's original.
Interest
{Adequate
or
{Inadequate
As to the proportion of an interest, to act
towards the execution of the Law, viz: it's proportion
to the trouble & other inconvenience of acting, it
is may be either 1st Adequate; or 2dly Inadequate.
that is or Rather we ought here to say adequate or inadequate, not barely to
that trouble & inconvenience: but to the effect
of producing action.
I say, not barely to the trouble & inconvenience,
for the result of such adequacy would still
be [no more than] inaction: As if the trouble & the inconvenience [+] [+] in the 1st place the trouble of
acting in the manner requisite be worth
£5, and the interest in this case is plainly
inadequate, as well to the purpose of producing
action as to the trouble and inconvenience
of acting. If in the next place, the trouble trouble
& inconvenience be worth 5£ as it was before,
and the interest also be worth £5. viz. 2£ more than what it was before:
viz: It is then adequate to the trouble &
inconvenience: but it is not yet adequate to
the purpose of producing action: something
farther is yet wanting on the side of interest,
to overcome that vis inertia which is as natural to the
human mind as it is to matter: 5£'s worth
of interest advantage will no more produce action against
5£'s worth of trouble, than 5£ weight
in one scale will make cause 5 £'s weight in
another scale of equal length to kick the
beam.
Even these speculations, however at first glance
they may seem are not too refined: because
they are capable of application, to the furtherance of justice, in every day's
practise.
Interest
{Natural
or
{Factitious
Lastly, Interest as to it's original, Interest may be said to be is
either natural or factitious. Natural, when
it arises from the constitution of things, independently
of any special provision of the Law:
Factitious when it accrues by virtue of such
special provisions the obvious practical inference
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from which without going further is, that wherever
there is no natural interest, & that [one] apparently [one]
or one that is not adequate, a factitious interest [+] [+] sufficient to make
the whole sum of interest
something superior to the apparent trouble and inconvenience
of acting must be supplied by the Law.
Now then, at length to return to our examples
I have the Physical power to take this Tea,
I have the Legal Power: but shall I then
take it? no, not unless I have the an Interest
in doing so and that an adequate one. I have
an interest. The Estate Tax imposed on this Tea
is to raise a part of the fund allotted towards
those purposes of natural defence in which
I among the rest of the nation am interested:
If it is not paid on this individual parcel, so
much of the fund is gone: deficious if it is known (as it
may very likely chance to be) not to be paid for it + + and that with impunity
it will be an encouragement to the owners of
other parcels not to pay for theirs: so many
Defaults in payment so many deficiencies in
the fund: but the all which deficiencies, the exigencies
of the state remaining the same, must be supplied
out of my pocket, among the rest others.
But to what purpose will it perhaps be said, perhaps all
these words? why enter into a detail of particulars
every one so obvious? who did not know
all this already? I know not if there be who there may
any one be who knew it not already: but this
I know that many have acted as if they knew did not
it not know it. The Legislature have never acted
in two years sessions together, perhaps in the two Statutes
together, as if they knew it did. It was this very
thing that engaged me to enter into the discussion.
For [+] [+] it is a
of which it may be of
use to those who are not
accustomed to trace watch the
progress of the understanding
to be forewarned approved principles are not first invented & then accommodated
to facts, but are suggested by the review of &
facts & the contemplation comparison of facts & their relations.
1
It seems to me so
plain & obvious, that
I cannot suppose any
one can feel himself
as if he had
learnt any thing by
it
3
To do this do so, and upon the
every occasion to act
accordingly, will be
one great step towards
the perfection of the
Law.
2
But if there be nothing
which it serves to lodge
in the understanding, there
may be nothing on the
other hand, But what
it may serve on some occasion or other
to [preserve] & keep
ready against call
in the memory:
INTROD. Persons concerned: Interest adequate x inadequate [BR][3][ ]s Natural x Factitious. Examp. Tea to the Informer.
Identifier: | JB/063/035/002 "JB/" can not be assigned to a declared number type with value 63.
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law in general |
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introd. persons concerned - interest adequate & inadequate natural & factitious examp. tea to the informer |
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jeremy bentham |
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