A Critical History of Modern English Jurisprudence a Study in Logic Politics
A Critical History of Modern English Jurisprudence a Study in Logic Politics
George H George Hugh Smith
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* * * Sic prcesentibus !The subject of this chapter has been treated in the work already cited, " Right and Law ' ' ; but, as the matter is essential to the argument here, repetition to some extent is unavoidable. 2 The citations, for the sake of brevity, are confined to Benthan's " Theory of Legislation, " London, Triibner & Co. , 1871, etc. , and, unless otherwise noted, will be found in the first chapter. 32 utare voluptatibus ut futuris non noceas. So use pres- ent pleasures as not to lesse...n those which are to come. " 1 Obviously, so far as the argument is concerned, the psychological principles of Bentham are identical with those of Hobbes, and the observations made as to the sufficiency of Hobbes' argument are equally applicable here ; that is to say, it is clear, should the principle be assumed, that the necessity of government would be even more apparent than, in view of the actual consti- tution of human nature, it in fact is ; but it would also follow that there would be no duty or obligation upon any one, any further than he might be impelled by the fear of punishment, to observe the will of the government ; or upon the part of the government to regard the interest or welfare of his subjects ; or, upon any man towards his neighbor, either to benefit him, or to refrain from injur- ing him ; and finally, that Hobbes' state of never-ending war would still exist, with the difference only that, to the warfare of every one against his neighbor, would be added the warfare of Leviathan against him, and of him against Leviathan ; and that fraud would thus, in gen- eral, be substituted for force.
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