JB/014/449/001

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36

In order to a proper intelligence & application of the
meaning of the word justice — it must be divided into its two
branches, civil and penal: — for in the minds of most men nothing
can be more vague, — obscure & unsatisfactory than the ideas
attached to the word justice as it is ordinarily applied.

Civil justice is the recognition of proprietary rights —
in all their shapes — whether as objects of desire — or of possessed
value. To invade the proprietor of them in his expectations or
possessions, — & or to deprive them him of them, — is to create in his
mind the pains & disappointment, — pains which the
felicity-maximizing principle requires to be averted. This
disappointment-preventing principle stands second in importance
to the happiness-creating principle

The penal branch of civil justice presents a different
aspect. Its purpose is to minimize wrongs. Its means are
preventive — suppressive, — satisfactive & punitive. It is only
in as far as wrongs are the cause of unhappiness that
there is any demand for penalties. To reduce the aggregate
of wrongs, — & thereby the sources of suffering growing out of
them — & to do this at the least cost of pain is the
demand of that justice which is in alliance with
the greatest happiness principle — But under the name
of justice very different objects, — & those to be accomplished
by very different ends — are frequently proposed

Identifier: | JB/014/449/001"JB/" can not be assigned to a declared number type with value 14.
Date_1		Marginal Summary Numbering
Box	014	Main Headings	deontology
Folio number	449	Info in main headings field
Image	001	Titles
Category	linking material	Number of Pages	1
Recto/Verso	recto	Page Numbering	f36
Penner	sir john bowring	Watermarks	hall
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	5212
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