JB/031/001/001

Click Here To Edit

1828 July 31
Blackstone

+ + 1
§2 Jurisprudence
(4) (1 Obligations here imposed created

From a person
expressing a desire
that a certain act be
done that by a certain other person,
a certain act be done,
he whose desire is so expressed
being one in
whose power it is understood as also in his
eventual intention it is understood
to be th to cause
suffering to be experienced
by the other in the event
and in consideration
of his omitting to do
such act, any sign
by which such desire
and intention is signified
is stiled a command

II. Obligations, how created.

From a person expressing a desire that by a certain other person, a certain
act be done, he whose desire is so expressed being whom one in whose power, is also in his eventual
Coming from a person in
intention it is understood to be, to cause suffering to be experienced
of non compliance in the signified
by the other, in the event and in consideration one of personal of his omitting to do
intention of causing person to
such act, every sign by which such desire and intention signified
of the non compliance inflicted on the person employing
a sign is stiled a command.
signs there significant in which
command

Commander, the superior:
Comandee, the inferior

Considered in respect of the power he has which by the supposition of
causing this punishment to be inflicted and suffered, inflicted
by an individual person, suffered by another the person assuring the
making known their intention is stiled, with reference to him
on whose part the compliance is expected a superior; the
other, with reference to him an inferior. (a)

Command prohibition
or say inhibition to do
a negative act: mandation,
a positive.

A command not to do the act in question is stiled a
avoidance prohibition or say an inhibition: in this case
the act commanded — the act which it is the object of the commanded
to produce is a negative act

A command to do the act in question is stiled
a mandate: in this case the act commanded is a positive act.

Necessary to the rendering
you the service of preventing
me from taking your coat
is in part an appropriate
prohibition addressed to me

To the production of the effect intended by the legislator
to be produced, in my instance, namely, on my the part, of as above Cupidus, as above abstinence from all acts,
by the exercise of which would have from the effect of taking from
you this coat of yours his, — a prohibition addressed to you
Cupidus is necessary — a prohibition inhibiting you Cupidus as above
from meddling in that manner with your coat.

So, In the event of my
non compliance, ulterior
mandate addressed to
Judge, commanding him
eventually to beat
or cause beat, me

To the production of the ulterior effect eventually intended
by the legislator namely the causing me Cupidus to be punished —
say for instance, beaten — by the Judge, in the event of my his
having taken from you vest this same coat, — a mandate is necessary:
namely a mandate commanding the Judge to cu
beat you Cupidus or cause me him to be beaten, in the event of my his
non-compliance with the principal and original command —
the prohibition, as above

(a)
Command, requisite is required
according to the relative
solution of the person.

Note (a)

(a) Command — requisition notice: which of these three words shall
be the proper one depends upon the relation that law places between him
by whom the will is signified, and him. on whose part the act by which
effect will be given to the will, as called for: command is from a superior — to
an inferior: requisition a sure
request, from an equal to
an unequal; petition from
an inferior to a superior.

Identifier: | JB/031/001/001"JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-07-31	Marginal Summary Numbering	not numbered
Box	031	Main Headings	civil code
Folio number	001	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4 / d1 / e1
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	jeremy bentham	Paper Producer	arthur moore; richard doane
Corrections	richard doane	Paper Produced in Year	1828
Notes public		ID Number	9687
Box Contents