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PHI LOS 0 P H Y . - Classic Works of Apologetics Online

PHI LOS 0 P H Y . - Classic Works of Apologetics Online

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11~ Contracls <strong>of</strong> Ha%tlrd.<br />

Qf the stake, jf he please, and the other party rna}"<br />

justly acc~pt it if it be given him; much more there ...<br />

fore may one give to the other a part <strong>of</strong> the stake;<br />

or, what is exactly the same thing, a:l advantage in<br />

the chance <strong>of</strong> winning the whole.<br />

The proper restriction is, that neither side have an<br />

advantage, by means <strong>of</strong> which the other is not aware :<br />

for this is an advantage taken, without being given.<br />

Although the event be still an uncertainty, your advantage<br />

in the chance has a certain value; and so<br />

much <strong>of</strong> the stake, as that value a~ounts to, is taken<br />

from your adversary without his knowledge, and<br />

Jherefore wi~hoQt ~is COilse~t. If I sit dpwn to a<br />

game at whist, and have an advantage over the adversary,<br />

by means <strong>of</strong> a better memorr, closer attention,<br />

or superior knowledge <strong>of</strong> the rules and chances<br />

cf the game, the adva.."ltage is fair; because it is obtained<br />

by means <strong>of</strong>.' \V:lich the adversary is aware;<br />

for he is aware, when h ~ sits down with me, that I<br />

~hall e~ert the skill that I possess, t9 the utmost. But<br />

if I gain an advantage by packing the cards, glancing<br />

my eye into the adversary!:s ~ands, or by concerted<br />

signals with my partner, it is a dishoqest advantage;<br />

because it ~~p~nds llpon means, which the ~dversary<br />

never suspects that I make use <strong>of</strong>.<br />

. The sar.le distinction holds <strong>of</strong> all cop.tracts, into<br />

which cpance enters. If I Jay a wager at a hors~<br />

race, founded upon the conjecture I form from the<br />

appearance, and charac~er, and breed <strong>of</strong> the horse, I<br />

am justly entitled to any advantage which my judgment<br />

gives me; but, if I tarry Oll a cIande~tine correspondence<br />

with the jockies, and find out from them,<br />

that a trial has been actually made, or that it is settled<br />

befqrehand which horse shall w~n the race; all<br />

such information is so much fral1d, because derived<br />

from sources, which the other did not suspect, when<br />

he proposed or accepted the wager.<br />

In speculations in trade, or in the stocks, if I exercise<br />

~y judgment upon the general aspect and posture <strong>of</strong><br />

public affairs, and deal with a person who conduct$

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