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<!-- this double page is organised in two columns, each with a margin to the left --> <p><note>Rights assertions<!-- illegible word overwritten --><lb/> for their<lb/> own Sake over<lb/>Things.</note></p> <p>The general and most unlimited notion of<lb/>Property over a subject is that of putting<lb/> it to any use whatever that affords<lb/> no pleasure; of exerting every act of corporal <lb/> energy on it that is imaginable:<lb/> of communicating the same right to whatever <add>other</add> person I <hi rend="underline">please</hi>: and preventing <add> <sic>witholding</sic> it</add><lb/><add>from</add> the exercise of it in every other person<lb/> I do <hi rend="underline">not</hi> please.</p> <p>The premature state<lb/> of man,<lb/> The state of Nature,<lb/>is the state<lb/> of men [before <add><del><gap/></del></add> property<lb/> is aallowed<lb/> among whom there<lb/> is no property:<lb/>advance one step lower, &amp;<lb/> But <del>if <gap/></del> <gap/><lb/> of property, and<lb/> this is its most<lb/> primitive and<lb/> simple form.<lb/> look round, &amp; it<lb/> will be found among<lb/> the most simple people.</p> <p>This <add>then</add> is the general rule concerning property<lb?> or the right of a person over<lb/> things.</p> <p> The notion of the different sorts of rights<lb/> of the same person over different things<lb/> or of different persons over the same<lb/> thing, is to be obtained by exceptions <add><sic>convey'd</sic> by enumerating</add><lb/>to the above rule: by saying what <lb/> acts it is that <del>an</del> <add>a</add> man may <add>not</add> exercise<lb/> on the subject in question</p> <!-- line in ink across the column --> <p> The way to ascertain these rights is to enumerate<lb?> those exceptions.</p> <!-- line in ink across the column --> <!-- remaining text is carried over from the second column and is transcribed after the right hand column text --> <p><sic>INTROD.</sic> Idea of Property. Rights. Division of.</p> <pb/><!-- start of right hand column --> <p><add><del>There are</del></add> There may (in the case of a given subject)<lb/> there may I say be some acts which<lb/> I may not have the right to exert upon<lb/> that subject: <add>I may be punishable if I do exert them:</add> here there is one  limitation<lb/> <note>limit set to</note> of property.</p> <p>At the same time there may be other acts<lb/> which (<sic>tho'</sic> I may not be debarred of<lb?> the rights of exerting) I may not have<lb/> the right to prevent another man from<lb/>exerting: the other man in question is<lb/> not punishable if <hi rend="underline">he</hi> does exert them<lb/> here then is another limitation of property</p> <p>The persons whom I may or may not<lb/> have a right of thus debarring may either<lb/> be 1. all persons in general: or<lb/> 2<hi rend="superscript">dly</hi> some one or more persons in particular.</p> <p>The Natural order <Add>course</add> therefore <del>of</del> <add>to be assumed in</add> representing<lb/> the different sorts of Property is this.<lb/> The Author of the Commentaries has reversed<lb/> it.</p> <p> 1<hi rend="superscript">st</hi>. should be given a Catalogue of the <lb/> several sorts of acts that all persons<lb/> in general are debarred from exerting<lb?> upon all subjects.</p> <p>2<hi rend="superscript">d</hi>.  Of the acts that particular persons<lb/> are debarred from exercising upon all<lb/> subjects</p> <p> 3<hi rend="superscript">rdly</hi> of the acts that <del>particular <add> all forms</add></del> persons<lb/> <del>in general</del> <add> in general</add> are debarred from exerting<lb/> on the several sorts of subjects that are<lb/> their property [+] <note>[+} according as the<lb/> Estate or Interest they<lb/> have in that<lb/> thing is less or greater</note> which <add>different <sic>circumspections</sic></add> will give <del>so</del> a notion of the different <add>sorts of</add> interest or estates that<lb/> <del>a mans</del> <add> different</add> men may have in the same thing.</p> <p>Thus much for the right of <hi rend="underline">persons in</hi><lb/> general (not particularly <sic>characterized</sic> )[=] <lb/><!-- continues in left hand column -->[=] over things.</p> <p. With respect to the Rights of Persons in<lb/> general <add> for their own sake)</add> over Persons; the general rule<lb?> (that is, the proposition that is true in most<lb/> interests <hi rend="superscript">+</hi> <note>+ in more instances<lb/> than it is false</note> is that no person has any<lb/> such right over any other person: for<lb?> such is the state of nature: such the primitive<lb?> sate of man, before Law, which<lb/> alone are what establish <hi rend="underline">right</hi>, were made.<lb/> The doctrine therefore concerning the Rights<lb/> of Persons over Persons</p>
 
 


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Revision as of 11:12, 9 October 2019

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Rights assertions
for their
own Sake over
Things.

The general and most unlimited notion of
Property over a subject is that of putting
it to any use whatever that affords
no pleasure; of exerting every act of corporal
energy on it that is imaginable:
of communicating the same right to whatever other person I please: and preventing witholding it
from the exercise of it in every other person
I do not please.

The premature state
of man,
The state of Nature,
is the state
of men [before property
is aallowed
among whom there
is no property:
advance one step lower, &
But if
of property, and
this is its most
primitive and
simple form.
look round, & it
will be found among
the most simple people.

This then is the general rule concerning property<lb?> or the right of a person over
things.

The notion of the different sorts of rights
of the same person over different things
or of different persons over the same
thing, is to be obtained by exceptions convey'd by enumerating
to the above rule: by saying what
acts it is that an a man may not exercise
on the subject in question

The way to ascertain these rights is to enumerate<lb?> those exceptions.

INTROD. Idea of Property. Rights. Division of.


---page break---

There are There may (in the case of a given subject)
there may I say be some acts which
I may not have the right to exert upon
that subject: I may be punishable if I do exert them: here there is one limitation
limit set to of property.

At the same time there may be other acts
which (tho' I may not be debarred of<lb?> the rights of exerting) I may not have
the right to prevent another man from
exerting: the other man in question is
not punishable if he does exert them
here then is another limitation of property

The persons whom I may or may not
have a right of thus debarring may either
be 1. all persons in general: or
2dly some one or more persons in particular.

The Natural order course therefore of to be assumed in representing
the different sorts of Property is this.
The Author of the Commentaries has reversed
it.

1st. should be given a Catalogue of the
several sorts of acts that all persons
in general are debarred from exerting<lb?> upon all subjects.

2d. Of the acts that particular persons
are debarred from exercising upon all
subjects

3rdly of the acts that particular all forms persons
in general in general are debarred from exerting
on the several sorts of subjects that are
their property [+] [+} according as the
Estate or Interest they
have in that
thing is less or greater
which different circumspections will give so a notion of the different sorts of interest or estates that
a mans different men may have in the same thing.

Thus much for the right of persons in
general (not particularly characterized )[=]
[=] over things.

<p. With respect to the Rights of Persons in
general for their own sake) over Persons; the general rule<lb?> (that is, the proposition that is true in most
interests + + in more instances
than it is false
is that no person has any
such right over any other person: for<lb?> such is the state of nature: such the primitive<lb?> sate of man, before Law, which
alone are what establish right, were made.
The doctrine therefore concerning the Rights
of Persons over Persons



Identifier: | JB/063/044/002"JB/" can not be assigned to a declared number type with value 63.

Date_1

Marginal Summary Numbering

Box

063

Main Headings

law in general

Folio number

044

Info in main headings field

introd. idea of property rights division of

Image

002

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

Penner

jeremy bentham

Watermarks

[[watermarks::gr [crown motif] [lion with vryheyt motif]]]

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

20233

Box Contents

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