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Erroneous Division — it's source and consequences (13
From this precious jargon, the meaning of which it would be but lost labor minutely
to investigate, we may however conclude perceive that the Author by no means approved
of of the doctrine that Civil Laws being should be immediately governed by the principle of General
Utility, that principle being To use in his language only first cousin a collateral Relation to it's
Great grandmother. When we observe such a wretched want of precision in
settling a point of primary fundamental importance, need we wonder if his arguments that
should often appear rather the work of a puerile imagination than the conclusion result
of experience, that a placet or a non placet should at every turn stand in
place of a reason, [or need we in short be astonished if that this misshapen
should have has proved the rock against which many a sound judgment has been shat shatterd?]
From the charge of silent neglect [of this principle] either by having ma
no accurate aestimate or even taking no notice of the subserviency to it of the Laws they th
explain or the maxims they recommend, but one of the whole body of Jurists
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Theoretical as well as practical is to be excepted:+ + The Marquis Beccaria is that one: He alone has dared to establish this principle in the front of his performance: and to adhere to it with an uniformity steadiness almost I fear I must shall not have to say quite Inviolable. from which alone as if their merit could be upon in any however as
solid ground intelligible manner be aestimated or their title to a place in the general system the merit of those Laws could upon any solid grounds be aestimated, so could their title
ascertained upon any other.
Puffendorf says, ╪ ╪ B. 8. C. 3. § 23. p. 787. "That both the precise Quantity & Quality of Roman Punishments depend upon the
determination of the Civil Sovereign, which is principally to be directed by the advantages & public Good
of every Common-wealth" If the word "principally" in the original signify ex mafire parti and not
it shews he reprobates the Interest of Society as an universal measure, of right and wrong.
INTROD. Pr. of Utility reprobated Grotius [BR][ ][ ] Puffendorf.
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introd. pr of utility reprobated grotius puffendorf |
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erroneous division - its source and consequences |
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