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May 1807

Legislation may govern justice so far
as it governs

Necessity of legislation to fix the notions of justice
and injustice

Of the dictates of utility (general utility) such as are
of which the conducive conformity to utility the conduciveness to the general
welfare of the community is most obvious and regarded as
most indispensable exempt from dispute, some are want to be distinguished from the rest
under the name of the dictates of justice.

Wheresoever it is supposed to be capable of being employed
without the charge of impropriety being exposed to the charge of
impropriety, the word justice is commonly preferred to the
word utility: the compound term dictates of justice
to the correspondent compound term dictates of utility.

The ground of this preference is the advantage it gives
in argument. The Hence concerning justice are supposed
to be better settled, and more conformably than of such other of those of another, than their notion concerning utility.

The word utility as soon as the notions annexed
to it, are clear enough for use, is seen understood to make a tacit
reference to a matter of account: to the account of advantages
and disadvantages, of good and evil – and at last
of pleasure and pain physical pleasure and pain on each side. Being The question
being thus represented as requiring for its solution the taking
of an account, each of the disputants leaves the other in
possession of that sort and degree of liberty which is necessary for such
an operation. A. may regard the ballance as lying on the
the side of advantage; B. on the side of disadvantage, each of
them without casting being understood to cast any imputation on any part of the character, moral
or intellectual or moral, of the other.

Identifier: | JB/106/170/001
"JB/" can not be assigned to a declared number type with value 106.



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scotch reform

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necessity of legislation to fix the notions of justice and injustice


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jeremy bentham



jeremy bentham

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