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July 1811 July 4 + ++ B E 10
Fallacies Fallacies
V. ad superstitionem
Ch.
§.5
5 1
§.5 Duration of laws — Possible erroneous arrangements in relation to it.
or 1
In point of duration
defeasible perpetuity
when consistent with the
nature of the case
the only arrangement
customary as well as
generally proper
except for special
cause.
In all these cases there In respect of duration, in
all these cases [there is] one and the same sort of arrangement
presents itself as being, in so far as it is in
the nature of the case practicable, the only one that is
conformable not only to the dictates of general utility as presented by reason
and experience as well as but also to the most generally extensively prevalent
usage. to little less than uninterrupted usage.
This arrangement is that which has place where
the duration of the law in question is understood to be perpetual continue in force,
supposing so long and so long only far only except in so far as by the sovereignty
in question no abrogation of it or alteration in it has
place
or 2
In cases 1, 2, 3, 4
this is consistent with
the nature of the case
Defeasable perpetuity is the name by which
in two words or in one word this most ordinary
and natural mode of duration may be characterized
by the arrangement presented by the principle of defeasable
perpetuity.
or 3
Seems in cases 5
Special reservation
excepted, in case 5
the former government
is extinguished
by the nature of the
compact:—
— in case 6 the f
freedom, i.e. exemption
from government
In each of the four first of these six cases this arrangement is
in consistent with the nature of the case a practicable one: in each of
those cases the perpetuity is in the nature of the case defeasible.
In the fifth and sixth above, it is not in the
nature of the case practicable: in neither of those cases
is the perpetuity in the nat in the nature of the case
defeasible
In the The case of an incorporative union between two
sovereignties sovereignties is that of a contract, in virtue of which the two original contracting parties, the two
original sovereignties are both of them extinct and gone[+].
[+] Unless in so
far as in and by the
act of incorporation
special provision is
made for the purpose
there exists no person, no party
by whom any such
operation as that of
dissolving the union
and replacing restoring re-instituting the
two quondam sovereignties
in into their original
state is capable
of being performed.
There exists no party no person capable of performing any
There exists no person not any person or persons other than the whole aggregate
body of the whole community, excepted, by whom any such restitution
can be so much as called for demanded and claimed. demanded.
Identifier: | JB/104/249/001 "JB/" can not be assigned to a declared number type with value 104.
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[[titles::duration of laws - […?] arrangement in relation to it]] |
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jeremy bentham |
th 1806 |
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andre morellet |
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