JB/072/069/004

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4 C Offences against Justice.

Impropriety of the common division of Justice into distributive and commutative. better. Justice is either distributive or commutative: distributive
consists in making a right application of punishments, rewards,
and burthens; commutative in doing right in the matters of
contracts. All this is chaos: [This appeared always to me a compleat chaos:
for in the catalogue of things to be distributed,
when burthens that are were not punishments are distinctly mentioned
how comes no mention to be made of advantages
that are not rewards? And [what relation is there how is there the least relation]
made out between the things called punishments rewards
and burthens, and that disparate heterogenous thing a
contract? And even after the addition of advantages to contrast
with burthens, what steps has the author of this
division taken to assure himself that there is nothing else
for Justice to be conversant about besides rewards, punishments burthens and contracts?

The matter is little mended when the author goes
on to tell us that the mediocrity in which justice in general
consists is an analogical one — of saying that the mediocrity is analogical ; & the medium of distributive, geometical; of commutative, arithmetical. : that the medium of distributive
Justice is geometrical, that of commutative arithmetical. If these terms, unmeaning as they are, must be retained it would be of use were we to point out what it was
that gave occasion to their being employed: but the best thing is that
that can happen to them is, to be forgotten.

Identifier: | JB/072/069/004 "JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering	1-2
Box	072	Main Headings	penal code
Folio number	069	Info in main headings field	offences against justice
Image	004	Titles	note
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner		Watermarks	[[watermarks::[gr with crown motif] pro patria [with motif]]]
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	23686
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