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C2
Suits in pendency
(1) (9 § Benefits
Non Disappointment transfer
No produced in any shape produced
So much for -- language
than for and language — language
1
Wills-construction —
ruling principle the
non disappointment
principle
Now then in the construction of an obligatory promise initial promise unilateral or
reciprocal, or a post obituary conveyance — say a last will what
on this occasion shall be the guide? The body of the Equity branch
of the imaginary law called unwritten? I answer no; but the Non-disappointment
or say Disappointment prevention or say Non-disappointment
principle.
Of this all-comprehensive principle some a pretty full exposition has exposition has
been given and application made elsewhere +
2
This principle all ruling
within the domain of
the law of property
Invented has been the appellation for the purpose of giving denomination
to a principle which (though to use an appellation employed
by the Romans innomidate) that is to say undenominated it all ruling within
the domain of the law of property.
3
Equity arrangements in
so far as conformable
to greatest happiness
principle are conformable
to this principle also
In so far as it has been they have been conformable to the dictates of the greatest happiness
principle, conformable have been the dictates of this principle to the
arrangements made by Equity hearable Law.
But to a deplorably wide extent — not conformable
but unconformable to the dictates of the greatest happiness the same innominate principle
the arrangement made by this same Equity law,
to the dictates of this same unnominate principle: and thereby
unconformable to the dictates of the greatest happiness principle.
4.
Suppose dispatch
commissioners decision
conformable to the greatest
happiness principle —
no disappointment, no
evil.
Now then suppose the course taken by the Dispatch Commissioners
non conformable to the dictates of the greatest happiness principle this
would have been the ordinary arrangements made by the Ordering
Equity Judge, where in this supposition, with damage? Answer:
no where. No disappointment any where, no evil any where.
So much for late clear ideas and language adapted
to the production of them.
Subject the same, now for language which because in relation to
it is familiar the supposition is that it answers that purpose
whatever it be.
Enter every principle of justice, first principle of justice
vested rights ☞ See the next page.
+ See Wisheart Review for 1826 No XII p.58, 59.
Quere whether to repeat these two pages here
Identifier: | JB/081/124/001 "JB/" can not be assigned to a declared number type with value 81.
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jeremy bentham |
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