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<head>1828 <sic>Aug.</sic> 27<lb/>Blackstone</head> <!-- in pencil --> <p>6 ?<lb/><note>§.2. Universal Jurisprudence<lb/>§ Rights<lb/>Possession</note></p> <p><note>If <sic>taylor</sic> detains the coat<lb/>have you legal possession<lb/>of it?</note></p> <p>But now, suppose the <sic>taylor</sic>, no matter by what<lb/>consideration, determined <add>endeavouring</add> to prevent <add>and accordingly providing</add> your getting your <add>the</add> coat<lb/>again: in this case, by the supposition a wrong is done<lb/>to you: in this case <!-- brackets and deletion in pencil --> [<del>then have you the right of taking<lb/>it or causing it to be taken back again.</del>] can you with propriety<lb/>be said to have possession of your coat? physical<lb/>possession — actual possession, by the supposition you have not,<lb/>have you <unclear>then</unclear> the legal possession?</p> <p><note>This depends on your being<lb/>able without incurring punishment<lb/>to take it back<lb/>into your <hi rend="underline">actual</hi> possession</note></p> <p>In this case your having or not having this same<lb/>legal possession will depend <add>depends</add> upon your being able, without incurring<lb/>punishment at the hands of the law, <del>as also</del> without<lb/>applying to the law for its aid on this behalf, to take the<lb/>coat back <del>take</del> the <del>coat</del> <add>take it</add> into your <hi rend="underline">actual <add>physical</add> possession</hi>, and<lb/><add>thereupon</add> apply it to its uses.</p> <p><note>Under <hi rend="underline">law as it</hi> is can<lb/>you do this? It depends on<lb/>circumstance: Yes: if<lb/>Coat is hanging in public<lb/>road near his house, you may take it.</note></p> <p>Now then in this case, under <hi rend="underline">Law as it is</hi>, have<lb/>you this same legal possession? have you, without and against<lb/>his consent; <add>the right</add> to take it back again? Answer: <add><hi rend="underline">Yes</hi> and <hi rend="underline">no</hi>: which if this assertion is the<lb/>true one</add> this will depend<lb/>upon circumstance: that is to say it will depend upon <add>these same</add> circumstances,<lb/>whether <del>he at his <gap/></del> by the hands <del>the</del> of a Judge <del>you</del> at<lb/><add>the suit of the <sic>tayler</sic> you</add> will be punishable for so doing. Now for these circumstances.</p> <p>1. For the purpose of being <hi rend="underline">dried</hi> or any other purpose, supposing<lb/><del>it hung up</del> <add>the coat hung upon</add> a bush growing in the public road, close to<lb/>his house: in this case, let <unclear>him in time</unclear>, even so decidedly<lb/>and preemptively <gap/> you, take it you may without being <del><gap/></del> <add>liable</add><lb/><del>to on</del> <add>to be punished in any way (either to his profit, or to that of the government in trust for the public)<lb/> provided</add> this state of things is made to appear by evidence: and<lb/>accordingly, in this supposition; the <add>legal</add> possession of the coat may in this<lb/>case, be said to <del>put</del> be <!-- brackets in pencil --> [and to have all <unclear>only</unclear> been] in you</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1828 Aug. 27
Blackstone
6 ?
§.2. Universal Jurisprudence
§ Rights
Possession
If taylor detains the coat
have you legal possession
of it?
But now, suppose the taylor, no matter by what
consideration, determined endeavouring to prevent and accordingly providing your getting your the coat
again: in this case, by the supposition a wrong is done
to you: in this case [then have you the right of taking
it or causing it to be taken back again.] can you with propriety
be said to have possession of your coat? physical
possession — actual possession, by the supposition you have not,
have you then the legal possession?
This depends on your being
able without incurring punishment
to take it back
into your actual possession
In this case your having or not having this same
legal possession will depend depends upon your being able, without incurring
punishment at the hands of the law, as also without
applying to the law for its aid on this behalf, to take the
coat back take the coat take it into your actual physical possession, and
thereupon apply it to its uses.
Under law as it is can
you do this? It depends on
circumstance: Yes: if
Coat is hanging in public
road near his house, you may take it.
Now then in this case, under Law as it is, have
you this same legal possession? have you, without and against
his consent; the right to take it back again? Answer: Yes and no: which if this assertion is the
true one this will depend
upon circumstance: that is to say it will depend upon these same circumstances,
whether he at his by the hands the of a Judge you at
the suit of the tayler you will be punishable for so doing. Now for these circumstances.
1. For the purpose of being dried or any other purpose, supposing
it hung up the coat hung upon a bush growing in the public road, close to
his house: in this case, let him in time, even so decidedly
and preemptively you, take it you may without being liable
to on to be punished in any way (either to his profit, or to that of the government in trust for the public)
provided this state of things is made to appear by evidence: and
accordingly, in this supposition; the legal possession of the coat may in this
case, be said to put be [and to have all only been] in you
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Identifier: | JB/031/028/001"JB/" can not be assigned to a declared number type with value 31. |
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1828-08-27 |
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031 |
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jeremy bentham |
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