ut his
analysis frequently puts the matter in a new light. (4) In the theory of
morals, Bailey is an advocate of utilitarianism (though he objects to the
term "utility" as being narrow and, to the unthinking, of sordid content),
and works out with great skill the steps in the formation of the "complex"
mental facts involved in the recognition of duty, obligation, right. He
bases all moral phenomena on five facts:--(1) Man is susceptible to
pleasure (and pain); (2) he likes (or dislikes) their causes; (3) he
desires to reciprocate pleasure and pain received; (4) he expects such
reciprocation from others; (5) he feels more or less sympathy with the same
feelings in his fellows (_Letters_, 3rd series).
See A. Bain's _Moral Science_; Th. Ribot, _La Psychologie anglaise
contemp._; J. F. Ferrier, _Philos. Remains_ (Edinb. and Lond., 1875), pp.
351-381.
BAILEY (said to be a corruption of _Ballium_ by some, and derived by others
from the Fr. _baille_, a corruption of _bataille_, because there the
soldiers were drilled in battle array), the open space between the inner
and outer lines of a fortification. Sometimes there were more than one, as
the Inner and Outer Bailey; there are in England the Old Bailey at London
and at York, and the Upper and Nether Baileys at Colchester.
BAILIFF and BAILIE (from Late Lat. _bajulivus_, adjectival form of
_bajulus_, a governor or custodian; cf. BAIL), a legal officer to whom some
degree of authority, care or jurisdiction is committed. Bailiffs are of
various kinds and their offices and duties vary greatly.
The term was first applied in England to the king's officers generally,
such as sheriffs, mayors, &c., and more particularly to the chief officer
of a hundred. The county within which the sheriff exercises his
jurisdiction is still called his bailiwick, while the term bailiff is
retained as a title by the chief magistrates of various towns and the
keepers of royal castles, as the high bailiff of Westminster, the bailiff
of Dover Castle, &c. Under the manorial system, the bailiff, the steward
and the reeve were important officers; the bailiff managed the property of
the manor and superintended its cultivation (see Walter of Henley,
_Husbandry_, R. Hist. Soc., 1890).
The bailiff of a franchise or liberty is the officer who executes writs and
processes, and impanels juries within the franchise. He is appointed by the
lord of such franchise (who, in the Sheriffs Act 1887, s. 34, is refe
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