JB/078/022/001

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1826. Novr. 30.

Review of Humphreys

S.III. Marriage Settlemt.

or 1.

As per usage, H. gives
the estate undivided
to the eldest son, failing
sons and other
daughters, to a daughter.

Not otherwise could
he have done without
wounding selfish pride
of those on whom adoption
depends.

Whether greatest happiness
principle dictates
this, J.B. is not
absolutely prepared to
say.

or 2.

Per happiness principle,
better the title of youngest:
than the elder,
having had the longer
time for providing for
themselves.

or 3.

So of weaker sex
than stronger.

or 4.

Individuals, individually
considered, deterioration
in value
would sooner or later
be produced by
division.

or 5.

But not less in female
than male
hands would this
deterioration have
place.

True, of the aggregate
number of cases,
greater is the proportion
of those in which
there are females alone;
added to those in which

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<p>S.III. Marriage Settlement

or 5 contind.

than of those in which
there are none but males;
by but by this, inconsistency
is not disproved;
only the result of it lessened.</p>

or 6.

As between male and
female, in regard to
strength, the less the
care taken by nature
the greater should be
that taken by law.

or 7.

In feudal time, reason
good: estates to males
entire, for better equipment
for national defence:
and aggression: to females in
shares, that on marriage
each might help
equip so many defenders.

or 8.

Now, the reason evaporated,
remains the efficient
cause - the power
of the males - (sole
exception )
final cause, greatest
happiness of the stronger:
a neuter would
determine it in favour
of the weaker

or 9

So a Thalestrls Bonapatre,
in default of conquest
and other amusement,
taking the fancy
to maximize happiness
and justice.

Self regard, regardless
of justice produced the
general rule: accident
and the goose-like fathers
the leader principle,
the exceptions.

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S.III. Marriage settlement

or 10.

Historical cause of
the general rule: Eldest
son most commonly
fittest for war.

Cause of Borough English
exception, some
accidental superior
aptitude in a younger.

or 11.

Of sole
cause, the more female
proprietors, the
more saleable to males
for their war service.

or 12.

Males could not so
easily and cheaply be
trained from birth to
21. as females sold at
16.

or 13.

By division among
sons, the property wd.
have been reduced to
unserviceable masses.

or 14.

For England I bequeath
the proposed measure
to the next Elizabeth:
for Russia, to next
Catherine. In a
small chance for
it.

15.

As to divisibility, cause
of Miss Campbell's perplexity
not author,
nor Reviewer, but Law.
Legislator's law in the
barbarous ages, Judge
made law in all
ages.

16.

Political economy and
law
out of the question,
questions two only
partition or non partition
for both sexes.

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Formula

Ch.§ III. Marriage Settlement.

§. Notes on Revision Draught
Divisibility Indivisibility

Political economy may
decide in favour either
of partibility or non partibility

18.

But setting political
economy aside, Great
would be the simplicity
and intelligibility
if either were made
the general rule, leaving
it to modifications
within prescribed bounds,
by parties, according to
their mutual wishes.

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Identifier: | JB/078/022/001 "JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-11-30	Marginal Summary Numbering	or 1 - or 14, 15-16
Box	078	Main Headings	Review of Humphreys
Folio number	022	Info in main headings field	Review of Humphreys
Image	001	Titles	III Marriage settlement
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks
Marginals		Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number	25113
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