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Another and more compendious division of the
persons concerned may be into 1 the party beneficially
interested; 2 the party compulsively interested:
and 3dly all the other sort of persons before enumerated
under the general description of persons
concerned in the execution.
One sees they are concerned no otherwise that in
the execution; because if the Law is observed,
none of their several parts are called for to be acted.
Their concern therefore is occasional & contingent
that of the 2 first mentioned sorts of persons, constant
& certain. We speak of the one therefore
by the description of persons necessarily concerned: of
the other by that of persons concerned by accident.
Now to persons thus concerned in the execution executively in order
that they may accomplish fulfill their several distinctions
in such manner as to bring about accomplish their end.
3 things are necessary: Real & Apparent Physical Power, Real & apparent Legal
Power, & Real & apparent Interest: all which must concur at the
very time for acting.
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As to Physical power, to some of these there is no
danger of its being wanting: or what danger
there be may be, not being within the power
of the Law to remove, falls not under it's consideration.
It is to be observed that strictly speaking, it is
not merely the existence of these 3 things particulars that
is necessary, but besides that the persuasion of their existence
in the party in whom they exist in the instance of the 2d particular: to which persuasion
the knowledge of that which gives it then,
that is the Law, is necessary.
Physical Power requires no explanation
Legal Power is A person is said to have legal power to do an a
thing, when if he does it no harm will happen
to him from the Law.
Interest may be derived from sources. factitious natural & In other words nothing will happen to him of the Laws providing for from by the intention of the Legislator to diminish the sum of his enjoyments
A person is may be said to have Physical power to
do a thing when the doing of it (how let it stand as it
may with respect to the consequences) is within the compass
of his natural faculties.
A person is said to have an interest to do a thing
when if he does it a benefit will accrue to him:
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when in others words somthing any thing will accrue to him to
augment the sum of his enjoyments
I see a Bag of Tea lying before me: + + change all along the 1st into the 2nd person if I it
is within my reach, & there is nothing to hinder me
from carrying it away, I have the Physical
power to carry it away: but if however it is not
mine, nor permitted me by any one where it is generally I have not the legal power; harm
will happen to be me on the part of the Law, if
I carry it away: if I have no pretence to
com treat it as mine, the pains of transportation or death
according to the circumstances: [#] [#] together with loss of property & honour If I have a
pretence but no more than a pretence, the
mortification of restoring it or the value [+] [+] of it with damages & costs
together with viz. compensation for the inconvenience
sustained from my by those concerned from it's being
carried away, & the expences of the suit against
me.
any of which consequences naturally tend to diminish the
sum of my enjoyments:# # Sed nota — extend the description of negation of power, to an act merely void, not penal in it's consequences to him that does it. and they are of the Laws
providing.
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But if, th although not none of mine,[+] [+] the duty appointed by Law had not been paid for it + + Note. In point of fact the Law (whether intentionally, or what is seems more probable, from that habit of garrulity which in so many instances serves to mar it's efficacy) has annexed 2 other provisos 1st That the commodity be offer'd actually to not only destined but actually offer'd for sale. 2d That the be he to whom it is offer'd. I nec These particulars it had not paid
duty, in this case by virtue of a special Law
for that purpose,╪ ╪ 9. G. 2. c. 35. §. 20. whomsoever it might otherwise belong to,
I have the legal power, under certain conditions,
of carrying it away: no harm will happen to
me on the part of the Law if I do. I shall
not by virtue of any provision of the Law, be
transported or put to death: I shall not even be
made to pay any thing to make amends to those
concerned for the inconvenience sustained by them
in consequence of what I have done: I shall
not be made to bear the expences of any suit
they may institute against me: I shall not in
short toffer any other harm be exposed to any other event,[+] [+] at least not in virtue of the I mention in this place, to avoid leading any one into a misapprehension: I omitted them in the text, to avoid disturbing in consequence of virtue of
the intention of the Law, whereby by which the sum of
my enjoyments will be diminished.
Before I we extend the illustration to the affair of
Interest, I we must once more have recourse
to division: we must consider the interest here
spoken of, as susceptible of 2 sorts of differences,
the one respecting it's quantity, or rather proportion:
INTROD. Persons concerned — 1. Beneficially. 2d Compulsively. 3. Execu [BR][2][2] -tively. necess: Power Physical x Legal Interest.
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of laws in general |
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114 |
introd. persons concerned - 1. beneficially 2d compulsively 3. executively |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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