JB/026/007/001

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§§.19. Houses of political
criticism.

1
Wrongful defamation &
its vituperation of a public
man both comprisable
under do aspersion: the
two offences, in one or
other of which consists an
abuse of the liberty of political
criticism. Here
use and abuse are difficultly
distinguishable.

2.
For security against misrule
what is under every
constitution useful, and
under a popular one necessary,
is that for forming
opinions on the fitness of
public men as well as laws,
institutions, and measures,
the most correct, and as
adequate means should
always be in the prosession
or at the command of the
people.

3
Such fitness can not be
discussed, without attacking
the reputation of public
men in respect of it.

4
It is necessary then that
such their reputation shall
stand, exposed to all attacks,
not accompanied
with violation of truth or
decorum.

5
Violation of truth not to be
permitted, — why? Because
it is only so far as information
is true that it
can be conducive to good
government: — false it is
an instrument of deception,
and conducive to
misrule.

6
Violation of decorum ought
not to be permitted, — why?

1. Because the irritation
it tends to produce is conducive
to some bad effects
and no good ones.

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§§.19. Houses of political
criticism.

7
Owing to a weakness in
human nature, it tends
unless and until punished
to subject the party
to aversion or contempt
instead — thence
of the wrong doer

8
In the case of wrongful defamation
(of a public man)
the demand for punishment
is greater than in
that of wrongful Vituperation
of do — why?

9.
Violation of truth
may be established by
evidence universally
satisfactory.

10
Secur, Violation of decorum.
Between decorum
and indecorum
no determinate bounds
What in Writers eyes, may,
in Judges eyes be indecorous;
or pretended to be
without possible proof of
the falsity of the pretence.

11.
Thence necessity of limiting
the punishment, lest this
liberty be converted into a
snare.

12
Hence for the double purpose
of doing what can be
done towards securing the
best use of the press with
reference to political information,
and preventing
abuse, it is necessary to
give definitions of the
offences by which reputation
is aspersed together
with appropriate satisfaction
and punishment.

§§.20. Objects in view
in the Particular Codes.

1
Object of this body of law.
1. Prevention of press abuses
2. Of do of political criticism.

3. Minimizing responsibility
in point of
extent.

4 Reconciling eventual
responsibility with the secrecy
necessary to liberty.

5. Securing liberty of
political discussion against
the partiality exercisible
by means of engrossment

6. Securing Correspondents
thereby against
unjust rejection & delay.

Identifier: | JB/026/007/001 "JB/" can not be assigned to a declared number type with value 26.
Date_1		Marginal Summary Numbering	1-12, 1
Box	026	Main Headings	law amendment
Folio number	007	Info in main headings field
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
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Notes public		ID Number	8740
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