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Introd. Imports of Justice and Utility contrasted
[The reason is because]+ + continued from §. I Col. 4 margin Utility [has got this
acceptation of] is spoken of as something that
will yield — Justice as an inflexible law —
something that will rather bend break than break bend.
Utility as something applicable to many measures
at a time & these opposites — Justice as
being more applicable but to one.
Utility as a quid — a quality,
(in a measure,) calculated to produce a certain
accession of happiness over and above the ordinary
(& what is looked upon as the necessary)
stock which therefore men would indeed be
better with, but may nevertheless do without.
Justice, as absolutely necessary to support the subsisting
stock, which men could at no rate do without.
From this review, we may come to understand
in some degree the causes of the superior degree
of favour which men habitually & as it were instinctively have got into the
habit of shewing to the idea annexed to the
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II
word Justice above that denoted by the
word Utility.
It was sufficiently understood that it was
the uniform adherence to Justice
Justice, that is the keeping the chain of analogues
(viz: of each successive decision in
the decisioning or unwritten law to preceding
decisions — in the Statute as written Law
to the Statute in question) unbroken,
that kept the stock of happiness together for the time being:
any act+ + viz: decision or other act
justice being if one may be permitted an apparent contradiction for the sake of shewing the contrast between the signification of the word in a stronger light superior in utility to utility itself
therefore by which it should be manifest
that chain was intentionally knowingly broken (viz:
broken in in the instance in question with such circumstances as indicated
a disposition to break it in an indefinite number one knows not how
many future instances) would have the effect
of making it appear as if the whole stock
was [in danger] in a state of indefinite
— A defalcation of a
great A much 5 greater superior because indefinite defalcation 2
of 4 happiness threatened, 3 to the addition than the
particular utility of any particular measure prepared assignable
could make an addition: Justice being (if
one may be permitted an apparent contradiction
for the sake of placing the contrast between
the 2 significations of the word in a the stronger
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(3
light) superior in utility to utility itself.
Loose Hints
Difficulty of stating these matters clearly —
Noth advance made this while in building
only in clearing away.
In regard to ideas so slippery + + fugitive & whose in their
limits ill-defined as these are, they who are practiced
in these speculations know how difficult it is to keep
steady while they are serving.
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4Glad to embrace it under a firm name, which
seemed to dispense give them a dispensation from the
pains of searching out it's standard, & adjusting
it's degrees.
Introd. Justice & Utility [BR][2]
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introd imports of justice and utility contrasted |
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