JB/106/177/001

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May 1807

In point of utility and justice are all laws thus upon a par?
1. Are Is utility and is justice so far dependant upon law that
by or prohibiting an act it is on depends on the power of
the legislator to make it conformable or unconformable to utility,
conformable or unconformable to justice at pleasure?

No certainly: it is not in the power of the legislator
to render an act which he finds conformable to utility and is to
justice unconformable, or vice versâ at pleasure. Utility
does not – justice does not in all cases follow this obsequiously
the finger of the law.

Cases there are however in which it does. To a
considerable extent – in the distribution of benefits and burthens,
it is in the power of the legislator to guide and determine the course of expectation.

Among the dictates of utility – and we may add too them
of justice – is that by which the thwarting of expectations reasonably
grounded – expectations produced or countenanced by the law stands
prohibited. In the ground of utility, why prohibited? Because
where benefit is in question, in so far as expectation
is thwarted, disappointment, a painful sensation
is produced. Nor can is and any better reason be given why any
thing that a man calls looks upon as his own should be continued and
secured in him instead of being given to some one else.

Identifier: | JB/106/177/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-05	Marginal Summary Numbering	19-20
Box	106	Main Headings	scotch reform
Folio number	177	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c8
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34765
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