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<head>1829 <sic>Aug.</sic> 9<lb/>Blackstone</head> <!-- marginal summaries in pencil --> <p><note>Preface</note><lb/>4</p> <p><note>For | <head>1829 <sic>Aug.</sic> 9<lb/>Blackstone</head> <!-- marginal summaries in pencil --> <p><note>Preface</note><lb/>4</p> <p><note>For adoption of <gap/><lb/>principles by great law functionaries,<lb/>cooperating considerations<lb/>various.</note></p> <p>Various are the cooperating considerations, by which<lb/><add>in preference <del>to and</del> or even to the exclusion of the greatest happiness principle</add><lb/>these two principles have, been recommended to the <del><gap/></del><lb/><add>favour</add> and adoption of the <add>just named</add> great functionaries: the one of these<lb/>principles or the other being the principle employed, according<lb/>to the circumstances of the case.</p> <p><note>Research, judgment, intellectual<lb/>& active aptitude<lb/>necessary for applying <sic>gr<hi rend="superscript">t</hi></sic><lb/>happiness. As of L.S.D. in<lb/>commerce so in Legislation<lb/>& Judicature of pleasures<lb/>& pains, which on all occasion<lb/>must be set <sic>ag<hi rend="superscript">t</hi></sic> each other<lb/>to strike a balance.</note></p> <p>1 <del>By</del> <add>For</add> the <del>a</del> making application of the greatest happiness<lb/>no small degree of research and judgment were necessary<lb/>no small degree of intellectual and active aptitude. As<lb/>of pounds, shillings and pence in commerce, so in<lb/>legislature and judicature carried on on the ground of<lb/>the greatest happiness principle, pains and pleasures and<lb/>pains on both sides of the account requires, <add>as will be seen</add> on each occasion<lb/>to be brought to view, respectively estimated, and set against<lb/>one another, with a view to and for the purpose of<lb/>striking a balance.</p> <p><note>For applying the other two<lb/>no such skill necessary.<lb/><hi rend="underline">"What is my thought like"</hi> a<lb/>childs play. For Plaintiff's<lb/>Advocate, this, like a case<lb/>decided in favour of Plaintiff<lb/>per Defendants, like one<lb/>decided in favour of <sic>Defend<hi rend="superscript">t</hi></sic>.<lb/>then per Judge it is like this,<lb/>or that, & this his grandmother<lb/><sic>c<hi rend="superscript">d</hi></sic> say as well</note></p> <p>On the other hand, in making application of the <gap/><lb/>or <add>say</add> procedural following principle, no such skill <add> skilled labour</add> or<lb/>toil will be seen to be necessary. "<hi rend="underline">What is my thought<lb/>like</hi>" is <add>the name of</add> the amusement which is or at least was of the<lb/>number of childs play, I say says Plaintiffs <add>or his</add> advocate<lb/>this case is most like <add>to</add> such a case on which the decision<lb/>was given in favour of the plaintiff says the Plaintiff <add>or his</add> advocate.<lb/>No such thing: I say this case is most like to such a<lb/>case in which the decision was given in favour of the Defendants<lb/>says the Defendant or his advocate: therefore, <add>this said</add> then comes the<lb/>Judge and says it is most like this: or it is most like that.<lb/>This is what the Judge says: and this is what his Grandmother<lb/>if he has one might say as well as he.</p> <p><note>Thus far <add>they are</add> determined by<lb/>love of case.</note></p> <p>Thus far it is by <del>the <gap/></del> interest in the shape of love<lb/>of case that the employment given to this principle is<lb/>suggested and disclaimed.</p> | ||
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1829 Aug. 9
Blackstone
Preface
4
For adoption of
principles by great law functionaries,
cooperating considerations
various.
Various are the cooperating considerations, by which
in preference to and or even to the exclusion of the greatest happiness principle
these two principles have, been recommended to the
favour and adoption of the just named great functionaries: the one of these
principles or the other being the principle employed, according
to the circumstances of the case.
Research, judgment, intellectual
& active aptitude
necessary for applying grt
happiness. As of L.S.D. in
commerce so in Legislation
& Judicature of pleasures
& pains, which on all occasion
must be set agt each other
to strike a balance.
1 By For the a making application of the greatest happiness
no small degree of research and judgment were necessary
no small degree of intellectual and active aptitude. As
of pounds, shillings and pence in commerce, so in
legislature and judicature carried on on the ground of
the greatest happiness principle, pains and pleasures and
pains on both sides of the account requires, as will be seen on each occasion
to be brought to view, respectively estimated, and set against
one another, with a view to and for the purpose of
striking a balance.
For applying the other two
no such skill necessary.
"What is my thought like" a
childs play. For Plaintiff's
Advocate, this, like a case
decided in favour of Plaintiff
per Defendants, like one
decided in favour of Defendt.
then per Judge it is like this,
or that, & this his grandmother
cd say as well
On the other hand, in making application of the
or say procedural following principle, no such skill skilled labour or
toil will be seen to be necessary. "What is my thought
like" is the name of the amusement which is or at least was of the
number of childs play, I say says Plaintiffs or his advocate
this case is most like to such a case on which the decision
was given in favour of the plaintiff says the Plaintiff or his advocate.
No such thing: I say this case is most like to such a
case in which the decision was given in favour of the Defendants
says the Defendant or his advocate: therefore, this said then comes the
Judge and says it is most like this: or it is most like that.
This is what the Judge says: and this is what his Grandmother
if he has one might say as well as he.
Thus far they are determined by
love of case.
Thus far it is by the interest in the shape of love
of case that the employment given to this principle is
suggested and disclaimed.
Identifier: | JB/031/095/001"JB/" can not be assigned to a declared number type with value 31. |
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1828-08-09 |
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031 |
civil code |
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095 |
blackstone |
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001 |
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text sheet |
1 |
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recto |
c4 |
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jeremy bentham |
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9781 |
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