JB/078/022/001

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1826. Novr. 30.

Review of Humphreys

S.III. Marriage Settlemt.

or 1.

As per usage, H. gives
the estate undivided
to the eldest son, failing
sons and other
daughters, to a daughter.

Not otherwise could
he have done without
wounding selfish pride
of those on whom adoption
depends.

Whether greatest happiness
principle dictates
this, J.B. is not
absolutely prepared to
say.

or 2.

Per happiness principle,
better the title of youngest:
than the elder,
having had the longer
time for providing for
themselves.

or 3.

So of weaker sex
than stronger.

or 4.

Individuals, individually
considered, deterioration
in value
would sooner or later
be produced by
division.

or 5.

But not less in female
than male
hands would this
deterioration have
place.

True, of the aggregate
number of cases,
greater is the proportion
of those in which
there are females alone;
added to those in which

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S.III. Marriage Settlement

or 5 contind.

than of those in which
there are none but males;
by but by this, inconsistency
is not disproved;

only the result of it lessened.

or 6.

As between male and
female, in regard to
strength, the less the
care taken by nature
the greater should be
that taken by law.

or 7.

In feudal time, reason
good: estates to males
entire, for better equipment
for national defence:
and aggression: to females in
shares, that on marriage
each might help
equip so many defenders.

or 8.

Now, the reason evaporated,
remains the efficient
cause - the power
of the males - (sole
exception )
final cause, greatest
happiness of the stronger:
a neuter would
determine it in favour
of the weaker

or 9

So a Thalestrls Bonapatre,
in default of conquest and other amusement, taking the fancy to maximize happiness and justice. Self regard, regardless of justice produced the general rule: accident and the goose like fathers the leader principle, the exceptions.

S.III. Marriage settlement or 10. Historical cause of the general rule: Eldest son most commonly fittest for war. Cause of Borough English exception, some accidental superior aptitude in a younger. or 11. Of sole cause, the more female proprietors, the more saleable to males fo so for their war service. or 12. Males could not so easily and cheaply betrained from birth to 21. as famales sold at 16. or 13. By division among sons, the property wd. have been reduced to unserviceable masses. or 14. For England I bequeath the proposed measure to the next Elizabeth: for Russia, to next Catherine. In a small chance for it. 15. As to divisibility, cause of Miss Campbell's preplexity not author, nor Reviewer, but Law. Legislator's law in the barbarous ages, Judge made law in all ages. 16. Political economy and law out of the question, questions two only partition on non partition for both sexes.
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Formula Ch.§ III. Marriage Settlement. §. Notes on Revision Draught Divin Indivisibility Political economy may decide in favour either of partibility or non partibility 18. But setting political economy aside, great would be the simplicity and intelligibility if either were made the general rule, leaving it to modifications within prescribed bounds, by parties, according to their mutual wishes.

Identifier: | JB/078/022/001"JB/" can not be assigned to a declared number type with value 78.
Date_1	1826-11-30	Marginal Summary Numbering	or 1 - or 14, 15-16
Box	078	Main Headings	Review of Humphreys
Folio number	022	Info in main headings field	Review of Humphreys
Image	001	Titles	III Marriage settlement
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks
Marginals		Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public		ID Number	25113
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