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INTRODUCTION. Utility &c Definiend. Imports of JUSTICE and UTILITY contrasted.
After Dimensions of Happiness.
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2 "Principle of Utility"
3 "Maxims of Utility"
4 "Consistent with Utility"
5 "Utility requires that"
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Maxim
Subordinate to the principle
of Utility. when that which
it declares ought to be done,
if done would produce more
happiness or prevent more
unhappiness than there would
be if it were not done.
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These expressions once for all fixed & explained.
6 1 + v. Nova Definienda Utility a neutral term & of the highest abstraction
6. That "Utility" standing by itself without any
epithet (as "Private") to restrict it shall mean
Public or general utility viz: utility utility accruing
either to many at once, or even to a single
person so it be not counterbalanced in man by a
prejudice equal in magnitude+ + viz. intensity & duration & number to
any others
"Public Utility" apt to be understood as the happiness accruing
to many from a given cause, in opposition to opposed to
instead of as compounded with multiplied into the unhappiness
accruing from the same cause to one The question lies not between the Public on one party, & himself a party distinct from the public on the other: but between that part of the public which he is, on the one part, & the remainder of the persons of which the public is composed, on the other.
It is in this erroneous sense that it is opposed
to Justice. Thus it would be said, that Public
Utility would be advanced by taking the property
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of A. for the public use: but that Justice forbids (3
it: whereas it would not be true to say that the public utility would not
[in fact] be advanced by such a measure, but unless
by laying the utility of A. wholly out
of the question: not to mention the reflex mischief which N B may ensue from any voluntary act as well as from a Crime, tho' not from a (physical) calamity, i:e: an event that has nothing to do with Will. but qu. de hoc now the utility of A. has the
same claim to be taken into the account as
that of any other [member] one of those persons
of whom the public is composed.
If This wears the guise of utility, it is only
from all the quantities [articles] not being
taken into account.
Justice a notion why favoured more than
utility.
Justice more sublime — obscure — popular — the examples
of investigating it more simple in their
conception.
As sacrificing at least [temporary] of present Interest
is necessary to the fulfilling of Duty to the complying
with Justice, by indiscriminate & unqualified admiration of sacrifice of interest people get a notion that the
more interest or utility is sacrificed the more
Justice is promoted — this inducing a general
prejudice or indisposition against General Utility, which is
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I JUSTICE In another view Justice has 2 senses — a neutral & a
favourable [one]
In it's neutral sense it is an imaginary
metaphysical being, raised by abstraction
from the aggregate body of the subsisting
Law, spoken of+ + treated as assigned as if it were the cause
Thus we say ..... The example might come in a vote
In it's favourable sense, it means that course mode
of legislation or decision as it happens#, # as the case is which
in the case||| ||| instance proposed has the speaker's approbation.
It may so happen that this approbation
has a foundation┤│├ ┤│├ ground which he can assign:[+] [+]& of which he is conscious in
which case the idea of Justice may be said
to have something more in it than barely such
approbation. (that is it may have for it's
ground an opinion of the probable existence
of some fact or set of facts,+ + viz. sensations consequent upon the
conduct condemned or justified by the Law or
the decision. viz: species of conduct if a Law —
individual conduct if a decision)
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(4
but the aggregate of particular utilities; not sacrificed but
promoted. Accordingly it may be observed, that when in a political discourse a man represent Justice & Utility as being on the opposite sides of the an alternative, it is Justice that is placed on that side which he is disposed to favour.
Perhaps there is not a topic in the whole
field of political disquisition more universally
nor frequently applicable than this, nor
on which it more behoves to have their ideas
settled one might add or nor on which they
have hitherto been more fluctuating.
But it may also happen that it has none
and thus it the only there happens <add>is as it should seem in most cases: where</add>
otherwise nevertheless he who uses it has no suspicion
of any impropriety in his using it. guilty of an usurpation of his but that he is as well entitled to it as any one. that this is any bar to his right of using title to employ it.
Suppose [for example] me to have said — it seems
to me that the Justice of the case is — or
it seems agreable to Justice that ....
Utili Justice feigns a rule ready fixed established
Utility recognizes the rule as yet to seek.
INTROD. JUSTICE )( UTILITY [BR][1][
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