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11
Of the Principles of Utility
After this he assures us that although no utility were
to be looked for from the observance of the Law, it
would be the part of a wise man, not of a fool to
be led by it, as a being prompted thereto by nature.||||ibid. ff.18.
As for Puffendorff the disciple and and frequently the commentator of Grotius,
I do not find that he takes any notice of this controversy:
he neither expressly defers to the principle of
utility nor opposes it: but goes on very composedly
from the beginning to the end of his voluminous sup
compilation [+] without seeming to respect that utility [+] discoursing like Grotius on Justice, and and right known and natural known and Decorum and Good order and obligation
or happiness or pain or pleasure had any thing to
do in the affair.
Our own Lord Coke in his Commentary on Littleton
in the course of the Chapter on Fee Simple bethinks
of himself of giving a catalogue of the several
principles of "fountains" from whence his Author (in whose
works [actually or potentially included might be discerned
the whole] are the very sum and substance of the Law) may
be observed to draw his arguments. There are twenty
of them in all. In the tenth place [+] [+] as
after a variety of arguments of very different complexion,
comes in the argumentium ab inconcentienti; and in
the 15th place with after a variety of arguments of a nature
still more disparate between them inter in, the guise of a different
sort of argument, the argument ab utili &inutili [a]
It were easy enough to shew [+] that the rest of these principles [+] did the nature of this design leave room for it
or topics, ( Lack those of them that are intelligible) are such
prove as either by with stand in subordination to the principle of utility
or to deserve no notice. It is sufficient at present
to observe that by being having known in the principle of utility without distinction
[a] B.1.Sect.3. It may be a satisfaction to the reader to see what the
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