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14 May 1807
Thus in the case of contracts.
1. Every man ought to fulfil the such engagements as he has
entered into. This, at the first mention may be regarded
as a rule of morality – as a rule dictate of justice.
2. Every man ought in case of to be compelled to fulfill such engagements
as he has entered into. This, at the first
mention may be regarded as a dictate of utility, fit to
be adopted, and acted upon by the legislator.
Thus far all well.
Look a little closer, and you will presently perceive On a second glance, it will presently be perceived
that conditions be rend before the adoption of this rule in
practice can be rendered subservient either to utility i.e.
the welfare of the community in general, or to justice – i.e.
the common notions of mankind concerning what is conformable
and or unconformable to justice, a variety of conditions, limitations
and exceptions (all that conditions and limitations are reducible
to exceptions) require to be made.
Fulfill his the engagements? – Yes: if fairly and freely entered
into, not otherwise. Thus come in the exceptions relative
to force and fraud, as above: with the question so difficult
in many cases to resolve: in what cases mere reticence
shall be deemed equivalent to misrepresentation, and as such carried
to the account of fraud.
Identifier: | JB/106/173/001 "JB/" can not be assigned to a declared number type with value 106.
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jeremy bentham |
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bernardino rivadavia |
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