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<head>11</head><lb/><head>Of the Principles of Utility</head><lb/><p>After this he assures us that although no utility were <lb/>to be looked for from the observance of the Law, it <lb/> would be the part of a wise man, not of a fool to<lb/>be led by it, <add> as a </add> being prompted thereto by nature.||<note>|| | <head>11</head><lb/> | ||
<head>Of the Principles of Utility</head><lb/> | |||
<p>After this he assures us that although no utility were <lb/>to be looked for from the observance of the Law, it <lb/> would be the part of a wise man, not of a fool to<lb/>be led by it, <add> as a </add> being prompted thereto by nature.||<note>||ibid. ff.18.</note></p> | |||
<p><add> As for </add> Puffendorff the disciple <del>and</del> <add> and frequently the commentator </add> of Grotius, <lb/> I do not find that he takes any notice of this controversy: <lb/> he neither expressly defers to the principle of <lb/> utility nor opposes it: but goes on very composedly <lb/> from the beginning to the end of his voluminous <del>sup</del><lb/> compilation <hi rend="superscript">[+]</hi> without seeming to respect that utility <note><hi rend="superscript">[+]</hi> discoursing like Grotius on Justice, and <gap/> and right known and natural known and Decorum and <add> Good </add> order and obligation</note><lb/>or happiness or pain or pleasure had any thing to <lb/>do in the affair.</p> | |||
<p>Our own Lord Coke in his Commentary on Littleton<lb/> in the course of the Chapter on Fee Simple bethinks <lb/> <del> of </del> himself of giving a catalogue of the several <lb/> principles of "fountains" from whence his Author <add> (in </add> whose <lb/> works [actually or potentially included might be discerned<lb/> the whole] <add> are the very </add> sum and substance of the Law) may <lb/> be observed to draw his arguments. There are twenty <lb/> of them in all. In the tenth place <hi rend="superscript">[+]</hi> <del> <gap/><gap/> </del><note><hi rend="superscript">[+]</hi> as</note><lb/> after a variety of arguments of very different complexion, <lb/> comes in the <foreign><hi rend="underline">argumentium ab inconcentienti;</hi></foreign> and in <lb/> the 15<hi rend="superscript">th</hi> place with <add><del>after</del></add> a variety of arguments of a nature<lb/>still more disparate <add> between them inter </add> <del> <gap/> </del> in, the guise of a different <lb/>sort of argument, the argument <foreign><hi rend="underline">ab utili &inutili</hi></foreign> <hi rend="superscript">[a]</hi> <lb/> It were easy enough to <sic>shew</sic> <hi rend="superscript">[+]</hi> that the rest of these principles <note>[+] did the nature of this design leave room for it</note> <lb/> or topics, (<del> <unclear>Lack</unclear> </del> <add> those </add> of them that are intelligible) <del><gap/> </del> <add> are such </add> <lb/> <del> <gap/> </del> <add> <del>prove</del> as </add> either <del>by <gap/> with</del> <add> stand in subordination to </add> the principle of utility <lb/> or to deserve no notice. It is sufficient at present <lb/> to observe that by <del> being </del> <add> having </add> known in <add> the principle of utility </add> without distinction </p> | |||
<head>NOTE</head> <p> <lb/> [a] B.1.Sect.3. It may be a satisfaction to the reader to see what the </p> | |||
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11
Of the Principles of Utility
After this he assures us that although no utility were
to be looked for from the observance of the Law, it
would be the part of a wise man, not of a fool to
be led by it, as a being prompted thereto by nature.||||ibid. ff.18.
As for Puffendorff the disciple and and frequently the commentator of Grotius,
I do not find that he takes any notice of this controversy:
he neither expressly defers to the principle of
utility nor opposes it: but goes on very composedly
from the beginning to the end of his voluminous sup
compilation [+] without seeming to respect that utility [+] discoursing like Grotius on Justice, and and right known and natural known and Decorum and Good order and obligation
or happiness or pain or pleasure had any thing to
do in the affair.
Our own Lord Coke in his Commentary on Littleton
in the course of the Chapter on Fee Simple bethinks
of himself of giving a catalogue of the several
principles of "fountains" from whence his Author (in whose
works [actually or potentially included might be discerned
the whole] are the very sum and substance of the Law) may
be observed to draw his arguments. There are twenty
of them in all. In the tenth place [+] [+] as
after a variety of arguments of very different complexion,
comes in the argumentium ab inconcentienti; and in
the 15th place with after a variety of arguments of a nature
still more disparate between them inter in, the guise of a different
sort of argument, the argument ab utili &inutili [a]
It were easy enough to shew [+] that the rest of these principles [+] did the nature of this design leave room for it
or topics, ( Lack those of them that are intelligible) are such
prove as either by with stand in subordination to the principle of utility
or to deserve no notice. It is sufficient at present
to observe that by being having known in the principle of utility without distinction
NOTE
[a] B.1.Sect.3. It may be a satisfaction to the reader to see what the
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