JB/063/044/002

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Rights of persons
for their
own Sake over
Things.

The general and most unlimited notion of
Property over a subject is that of putting
it to any use whatever that affords
no pleasure; of exerting every act of corporal
energy on it that is imaginable:
of communicating the same right to whatever
other person I please: and preventing witholding it
from the exercise of it in every other person
I do not please.

The primitive state
of man,
The state of Nature,
is the state
of men [before property
is allowed
among whom there
is no property:
advance one step lower, &
But if allow
of property, and
this is its most
primitive and
simple form.
look round, & it
will be found among
the most simple people.

This then is the general rule concerning property
or the right of a person over
things.

The notion of the different sorts of rights
of the same person over different things
or of different persons over the same
thing, is to be obtained by convey'd by enumerating exceptions
to the above rule: by saying what
acts it is that an a man may not exercise
on the subject in question

The way to ascertain these rights is to enumerate
those exceptions.

INTROD. Idea of Property. Rights. Division of.

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There are There may (in the case of a given subject)
there may I say be some acts which
I may not have the right to exert upon
that subject: I may be punishable if I do exert them: here there is one limitation
limit set to of property.

At the same time there may be other acts
which (tho' I may not be debarred of
the rights of exerting) I may not have
the right to prevent another man from
exerting: the other man in question is
not punishable if he does exert them
here then is another limitation of property

The persons whom I may or may not
have a right of thus debarring may either
be 1. all persons in general: or
2dly some one or more persons in particular.

The Natural order course therefore of to be assumed in representing
the different sorts of Property is this.
The Author of the Commentaries has reversed
it.

1st. should be given a Catalogue of the
several sorts of acts that all persons
in general are debarred from exerting
upon all subjects.

2d. Of the acts that particular persons
are debarred from exercising upon all
subjects

3rdly of the acts that particular all forms persons
in general in general are debarred from exerting
on the several sorts of subjects that are
their property [+] [+] according as the
Estate or Interest they
have in that
thing is less or greater which different circumscriptions will give so a notion
of the different sorts of interest or estates that
a mans different men may have in the same thing.

Thus much for the right of persons in
general (not particularly characterized )[=]
[=] over things.

With respect to the Rights of Persons in
general for their own sake) over Persons; the general rule
(that is, the proposition that is true in most
instances +) + in more instances
than it is false is that no person has any
such right over any other person: for
such is the state of nature: such the primitive
state of man, before Laws, which
alone are what establish right, were made.
The doctrine therefore concerning the Rights
of Persons over Persons

Identifier: | JB/063/044/002 "JB/" can not be assigned to a declared number type with value 63.
Date_1		Marginal Summary Numbering
Box	063	Main Headings	law in general
Folio number	044	Info in main headings field	introd. idea of property rights division of
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	20233
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