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Aliter in matters of corporal suffering and in the distribution
of personal suffering popular delictum or of punishment.
Tho' a man suspected everso his house to be burned down
or his wife to be ravished that could not make it just: no
more would it, if he were broke upon the wheel for example
for simple theft.
Whether A should have a thing or B is matter of perfect
indifference to C & D & so of the rest. And if the desire
of A that he himself should have it rather than B
be great, that of B is equally so that he himself should have
it rather than A. Whichsoever of them has it, the
satisfaction on the one side, and the mortification on the
other will be alike — But if A has either had it for a
long time, or fixed his eyes upon it, and expected to have
it, & that he ought to have it, and B comes to look
at it only for the first time, that it is right (no matter on what score) it is plain that the mortification
on the count of B's having it and not A, will be
greater than that in the other event of A's having it &
not B. The Sum of Happiness of the whole community
will therefore suffer just so much of Diminution.
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Further, if the case be so, that not only A. expects
more strongly to have the the thing that B does, but C and D.
and the rest expect so likewise, & think (no matter from
what cause) that he ought to have it, here again is a
larger flow of disappointment consequent upon his not
having it, especially, if as is almost always the case
C & D and many of the rest, being so situated in respect
of antagonists of their own as are A & B, in respect to
one another, apprehend that from the same cause from which
the dispute (should the case be such) would terminate
in disfavour of A, their disputes would terminate in —
like manner in their disfavour.
Where original Utility is neuter, as in many points
relating to the course of succession, consult
popular Expectation.
From thence results a derivative Utility —
where that Expectation is neuter, Utility follows Certainty
fixed on either side —.
Positive establishment of a long continuance will divert
the amount of popular expectation as Common Law Heirship
& Borough English.
INTROD. Utility Original x Nat. Justice Polit. x Natural — Ex BR 2 -pectation.
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Identifier: | JB/070/020/001 "JB/" can not be assigned to a declared number type with value 70.
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070 |
of laws in general |
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020 |
introd. utility original & nat. justice polit. & natural - expectation |
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001 |
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copy/fair copy sheet |
1 |
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recto |
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[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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23135 |
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