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§§8.3 Against error
from false facts.
1
Viz keeping out false
facts punishment is employed
and properly provided
the falsity be judicially
ascertained.
2
Necessity of thus repressing
falshood. Without punishment,
falshood would be
too abundant to be
by correction truth
3.
False facts why safely
punishable?
because of their falsity
of those of his
at least a man
can not but be conscious.
4
To the end are directed
Ch.3.4.
5
But here too without a free
press, penal or otherwise
his burthensome infliction
is not sufficient. By the
vexation and expense of
many who would be effectually
restrained from preventing
few would under
a free press be restrained from
.
§§.9.4 — against error from
false arguments.
1
Secus false arguments: because
to a certainty sufficient for
punishment, falsity in argument
can not be proved.
Without consciousness of exposure
to punishment; no
prevention by punishment.
2
Though some fallacies might
be punished viz. fallacies
of general application distinguished
by irrelevancy
others could not, ex.gr. over
or under rating probability
or in general quantity.
3
But punishment is
needless: liberty sufficing
and without danger, to
apply exposure: a more
effectual remedy than
can be applied by punishments
with its danger.
§§.10. Against want of
talent for action, use of the
liberty of the press.
1
Liberty of the press its use
as a remedy against want
of talent, is not less conspicuous
or uncontroulable
than as against the other
causes of misrule.
2
Direct remedies, rectrequential
and corrective
in notion, precedented
and preventive appointment
of persons possessing
appropriate talent.
3
Through both these, liberty
of the press though a less
immediate is a needful
remedy.
4
By exposure where a motion
is requisite, chiefs
are urged to apply:
th by fear of do restrained
from appointing such
as require to be
of
5
Objection. — of this stimulus
no need: chiefs being
urged by their own intent
to provide the ablest
subordinates.
6
— yes by their
public interest, they are
urged to appoint none
but such are the ablest
in the service of that
public interest.
Secus by private do:
ability looked out for by
it is that by which a man
who by obsequiousness
is disposed is rendered
most able to be most
effectually subservient to
their private interest
and sinister will.
7
Example. Charles 4th —
For ministering to the
public interest the Prince
of Peace was supremely
ill qualified: but for ministering
to his private
interest the interest of
his case, supremely well
qualified and by obsequiousness
equally well disposed.
The consequence is well
known.
§§10 — against want of talent
for action
8
Secus had the Spanish
Press been free:
Charles 4th was probably
unable to detect the
Princes unfitness for government
nor perhaps
would a motion have
followed detection.
but under a free
press, by facts and arguments
general exposure
would have been produced
and how willing soever
the Monarch would have
been unable to continue
sacrificing the interest
of the public to that of his
own case.
§§.11. Liberty excludes
antecedent restraint.
1
No Liberty unless antecedent
restriction be
absent as well as that
subsequent do which is
applied by punishment
antecedent consisting
in the preventing the
dissemination of literary
works in general
except as excepted.
§§.12 By engrossment
which may be by private
hands antecedent
restraint is imposed.
1
Liberty not sufficient
unless good as against
individuals as well as
government.
2
Subsequential restraint
can not without the
aid of government, be
applied by individuals,
antecedent may; viz
by engrossing the press
re.
3
Of Government it ought
to be the case to keep the
press for the purpose in
question free not only
against itself, but against
individuals. See on this
head the provision in
Ch.4.
4
Press not free except
in so far as it is in
not only against individuals
constituted
authorities but individuals
viz engrossers.
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