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Titre : An introduction to the principles of morals and legislation : printed in the year 1780 and now first published / by Jeremy Bentham,...
Auteur : Bentham, Jeremy (1748-1832)
Éditeur : T. Payne (London)
Date d'édition : 1789
Type : monographie imprimée
Langue : Anglais
Format : 9-CCCXXXV p. ; in-4
Format : application/pdf
Droits : domaine public
Identifiant : ark:/12148/bpt6k93974k
Source : Bibliothèque nationale de France, département Droit, économie, politique, F-17858
Relation : http://catalogue.bnf.fr/ark:/12148/cb30085224s
Provenance : bnf.fr
Date de mise en ligne : 15/10/2007
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[DIVISION] S/' ccxciti
once
INTROD.
CttAP.XVI.
hère comprifed under the général appellation of civil, that the relations IN
correfponding to thofe by which they are re~pecUvely conftituted, are not
provided with appellatives. The relation which has a name, is that which
is borne by the party favoured to the party bound that which is borne
by the party bound to the party favoured has not any. This is a.
circumAance that may help to diitinguHh them from thofe conditions
which we have termed domeftic. In the domefUc conditions, if on
the one fide the party to whom the power is given is called a mafter
on the other fide, the party over whom that power is given, the party
who is the obje6t: of that power, is termed a fervant. In the civil
conditions this is not the cafe. On the one fide, a man, in virtue of
certain fervices of forbearance, which the reft of the community are
bound to render him, is denominated a knight of fuch or fuch an
order: but on the other fide, thefe fervices do not beftow any parti-
cular denomination on thé perfons from whom fuch fervices are due.
Another man, in virtue of the legiflator's rendering that fort of nega-
tive fervice which, confifts in the not prohibiting him from exercifing a
trade, Invefts him ac his option with the condition of a trader: it
accordingly denominates him a ~armer, a baker, a weaver, and fo on
but the minifters of the law do not, in virtue of -their rendering the
man this fort of negative fervice, acquire for themfelves any parti-
cular name. Suppofe even that the trade you have thé right of
exercifing happens to be the object of a monolopy, and that the legif-
lator, befides rendering you himfelf thofe fervices which you derive from
the permiffion he be~ows on you, obliges other perfons to render
you thofe farther fervices which you receivefromtheir forbearing to
follow the fame trade yet neither do they, in virtue of their being
thus bound, acquire any particular name.
After what has been faid of thé nature of the feveral forts of civil
conditions that have names, thé offences to which they are expofed
may, without much difficulty, be imagined. Taken by itfelf, every
condition which is thus conftituted by a permiffion granted to the
poffeffor, is of courfe of a beneficial nature it is, therefore, expofed
to all thofe offences to which the poueuion of a benefit is expofed.
But either on account of a man's being obliged to perfevere when
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