JB/064/007/001

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1827 Feby 17.
Penal Code

Ch. III. Division of offences
§. Reasons for insertion.

1.
Why insert, as offences,
acts productive
of vexation, corporal
and mental?
Answer. Reason given
by the very word vexation.

2.
Why acts affecting reputation?
Answer,
by reason of mental
vexation produced.

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Ch. III. Division of offences
§. Property. Reason for securing it.

1.
In what does the condition
of the possessor of
property differ from the
non-possessor?

2.
Answer that to the possessor,
the possession,
i.e. the faculty of deriving
benefit, is a source of
pleasure – the pleasure
of possession. The losing
this possession against his
inclination, produces the
pain of privation.

3.
Secured the property, or
it's equivalent in the
possession of the possessor,
no pain is felt by
him – cause him to
cease to have it, he feels
the pain of loss or privation.

4.
But besides such passive
enjoyment, the possessor
derives pleasure
from the property in question,
with regard to the
state of his active faculty
– by the application
he will make of it to
the increase of the benefit
derivable from that
property. This application
will be made in
the expectation of a
certain duration of possession
of the property in
question. If then deprived
of the possession, he
will feel the pain of disappointment.

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Ch. III. Division of offences

5. (6)
Expectation corresponds
to pleasure of possession.
Disappointment to pain
of privation.

6. (5)
Hence, the reason for
giving to property the
greatest possible mass
of legal security.

7.
When, with a view to
public service, a proposition
is made to deprive
a possessor of his
property, disapprobation
is sure to be expressed:
but not by the statement
of reason, founded on
any of the above relations,
but by expressions addressed
to the feelings,
and containing more
or less of pertinacity
and passion. To this
head, belongs in English
practice, the expression
composed of the words
virtual rights.

8.
To the principle which
directs the Legislator
in the formation of
rules founded on the
above relations, give
the appellation of disappointment-preventing
principle.

Identifier: | JB/064/007/001 "JB/" can not be assigned to a declared number type with value 64.
Date_1	1827-02-17	Marginal Summary Numbering	1-2, 1-4, 6, 5, 7
Box	064	Main Headings	Penal Code
Folio number	007	Info in main headings field	Penal Code
Image	001	Titles	Ch. III Division of offences
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks
Marginals		Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number	20361
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