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his Law "for he cannot be admitted <del>upon</del> <add>to</add> his oath, and<lb/> | his Law "for he cannot be admitted <del>upon</del> <add>to</add> his oath, and<lb/> | ||
therefore on the other hand, the course of Justice<lb/> | therefore on the other hand, the course of Justice<lb/> | ||
<pb/> | |||
shall <hi rend='underline'>flow equally</hi>, and the defendant, where an<lb/> | shall <hi rend='underline'>flow equally</hi>, and the defendant, where an<lb/> | ||
Infant is Plff, shall not wage his Law. This<lb/> | Infant is Plff, shall not wage his Law. This<lb/> | ||
is what the Author of the Commentaries calls <del>Justice's</del><lb/> | is what the Author of the Commentaries calls <del>Justice's</del><lb/> | ||
the course of justice flowing equally. <note>accordingly, the Justice of <del>the</del> a thing may be altered the moment any expedient can be found to turn the current of expectation into another channel.</note> <note>aptitude for notoriety constituted by an apparent good, the object of a new Law</note></p> | the course of justice flowing equally.<lb/> <note>accordingly, the Justice of <del>the</del> a thing may be altered the moment any expedient can be found to turn the current of expectation into another channel.</note> <lb/><note>aptitude for notoriety constituted by an apparent good, the object of a new Law</note></p> | ||
<pb/> | <pb/> | ||
<p>A cause of happiness or unhappiness, operates its<lb/> | <p>A cause of happiness or unhappiness, operates its<lb/> | ||
effect, <note>The effect of a cause , is in proportion not to what it is itself</note> not <add>as</add> according <add>what</add> as it is itself, but as the<lb/> | effect, <note>The effect of a cause, is in proportion not to what it is itself</note> not <add>as</add> according <add>what</add> as it is itself, but as the<lb/> | ||
<add>object</add> mind is formed for <add>fashioned to</add> its reception.</p> | <add>object</add> mind is formed for <add>fashioned to</add> its reception.</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Qu. I. JUSTIN: INSTIT. LI. TIT. 4. Dc
Ingenius. p. 12.
Superficial reason — Quia non debit calamitas matris
ic nocere, qui in ventre est. And afterwards
frivolous refinement.
II.
1 Comm. 55 Blackstone makes Right Justice dependent upon
Law. How far is this true. Thus far.
Where Justice (that is Utility in as far as it consists
in the observance of Justice) depends upon
Expectation, and Expectation follows the finger
of the Law — waits for the finger of the Law
to point it's course.
In Statute Laws distribution. Adjudication of the
materials of pr enjoyment between indifferent
competitors.
In Common Law, where the propriety of a
Law — [indecision] depends upon it's conformity
and analogy to prior ones.
III
3 Comm. 345. An Infant under 21, shall not be permitted to wage
his Law "for he cannot be admitted upon to his oath, and
therefore on the other hand, the course of Justice
---page break---
shall flow equally, and the defendant, where an
Infant is Plff, shall not wage his Law. This
is what the Author of the Commentaries calls Justice's
the course of justice flowing equally.
accordingly, the Justice of the a thing may be altered the moment any expedient can be found to turn the current of expectation into another channel.
aptitude for notoriety constituted by an apparent good, the object of a new Law
---page break---
A cause of happiness or unhappiness, operates its
effect, The effect of a cause, is in proportion not to what it is itself not as according what as it is itself, but as the
object mind is formed for fashioned to its reception.
And here the maxim of the Schools, so frivolous when
extended
INTROD. Utility Original )( Nat. Justice = Expectation [BR][ ]
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introd. utility original & nat. justice = expectation |
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