Theory of Legislation

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Here, too, we must lay expectation out of view, and suppose the loss to be unforeseen ; — and a loss almost always is BO, because every man naturally expects to keep what he has.
106 PEIWCIPLES OF THE CITIL CODE.
This expectation is founded upon tlie ordinary course of ttings.
Por in a general view of human affairs, wealth already acquired is not only preserved, but increased. This is proved by the extreme difference between the primitive poverty of every com- munity and its actual wealth.
1st.
... The loss of a portion of wealth will produce, in the total hap- piness of the loser, a defalcation greater or less, according to the proportion of the part lost to the part which remains.
Take away from a man the fourth part of his fortune, and you take away the fourth part of his happiness, and so on.* But there are cases in which the proportion would not be the same. If, in taking away from me three-fourths of my fortune, you take away what is necessary for my physical support, and if, in taking away half of it, you would have left that necessary portion untouched, the defalcation of happiness, instead of being twice as great in the first case as in the second, wUl be four times, ten times, indefinitely greater.


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