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1826. July 17
Penal Code.Ch. Division of Offences
§. Property – reason for securing it.
☞ Disappointment prevention principle.
Add action for improvement.
§. 1. Property – Reason for security in respect of the possession of it
Offences affecting property.
What is the circumstance by which the condition
of him who is said to be in possession of a certain subject
matter of property is distinguished from that of a
person who is said not to be in possession of it?
The principal one is this – that to him who has the
possession of it that is to say the faculty of deriving to himself
benefit from it in every shape in which it is capable
of being applied to that purpose is a source of pleasure –
call it the pleasure of possession: Suppose him to cease
Against his own inclination and without receiving in lieu
of it what to him is considered as an equivalent, –
suppose him to cease the having possession, a certain
pain an uneasiness of mind – the magnitude of which is as
the value he had been accustomed to put upon it, is the
never failing consequence: call this the pain of loss or
pain of privation. To the possession as above, as on the
one hand in the one case that pain, or on the other hand in the other case this pain,
are peculiar – belong to the person in question to the exclusion
of every other.
Correspondent to the pleasure of possession is the pleasure
of expectation correspondent to the pain of loss or privation
is the pain of disappointment.
As is the pleasure of expectation to the pleasure of possession
so is the pain of disappointment to the pain of loss or privation.
Leave the thing or its equivalent in the possession of the possessor
his the correspondent pleasure remains to him, no pain is experienced by him
cause him to cease to have it – cause him to lose the possession
of it the loss not being accompanied by an equivalent, the
correspondent pain is felt by him and this whether in consequence of his loss, benefit in any shape is or is not received by any other person. But by no person in the world
Identifier: | JB/068/058/001 "JB/" can not be assigned to a declared number type with value 68.
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