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17 Mar 1809
Press Code or Part 1 Ch. 1 Importance 26
Justifications
Reasons
Free Discussion
§§.2 Use of free political discussion
of as a check to misgovernment.
§§.3. in free discussion
— general
Excepenida
1. Tracts Definition if not true: but
then the answer should have
every facility for proving it
— the 5th clauses
2 Vituperation if scurrilous:
i.e.
is expressive of hatred or
contempt: especially
if slur, not rising out
of the facts
Reason for introducing it
bad men growing callous.
Means of introduction
punishment &
: such as may
prevent the exception vituperation
without checking
the defamation when true.
Justification:
Reasons
Hatred or Contempt
No objection
1
Questn 1. Why latitude
greater in case of public men? p.3
2.
Answer. Every where
interest of rulers to
receive fullest information
as to fitness of
subordinates. p.3
3.
Praise can never be
wanting: so many
being engaged to give it
by self-regarding interest.
p.3.
4
Goodness of head-rulers
judgments & measures
depends on compleatness
& correctness of information
in all masses
received by him as to
subordinates.
Favourable he will
be sure to receive. p.3
5
Envy &c will
in case of liberty send
in unjustly favourable
do but this is no
better reason for excluding
all information on one
side than it would be
in judicature. p.4
6
Anglué the utility of
such liberty is particularly
undeniable.
People cannot form a
right judgment on the
conduct of their deputies
otherwise than as they
are informed of it, & of
the grounds of it. p.4.
7
So in regard to all
other functionaries: for
among yr functions of
the people's deputies
is that of scrutinizing
the conduct of all other
functionaries, & yr propriety
of conduct in
respect of the scrutiny
can no otherwise be
judged of than in proportion
as correct & compleat
information is
received of yr conduct
of yrscrutinized, p.4
Justifications
Reasons
Hatred or contempt
no objection
8
In a popular government
the need of such
free communication
is more incontestable
than in a non-popular
tha rather than more
real For what ruler
is interested in being ill
served, ill informed
9
In a popular such
as the English which
makes the need more
incontestable — is that
at particular seasons
(Elections) it always
has been in some
degree lawfully enjoyed.
p.5.
10.
The real need of a
free press I still greater
in a non-popular
than in a popular one:
because in a popular
imperfect succedaneum
as above
p.5
Justfication
Reasons
Free discussions
1
Tendency to produce contempt
or aversion no bar
Reason.
Of unfitness proportionate
contempt or aversion is
an inseparable consequence
p.6
2.
Concedetur — That of such
liberty improper expressing
of contempt or aversion will
be a natural result
p.7 6
3.
But in so far as improper
the natural consequence
is, that instead of the objects
the contempt or aversion
will fall on the critic
4.
To draw a precise line
between proper & improper
whether by catalogue of locutions
punished permitted
or by do of do forbidden is 1st not
practicable 2d not just:
because propriety of censure
is not absolute but relative
viz proportioned to the
conduct censured. p.7
5
Here as before, be eulogism
deserved or undeserved there
neither are nor can be
bounds. p.8.
6.
Therefore in government
to restrain censure while
eulogism is unrestrained,
is an unconducive to
policy policy as to exclude
evidence & argument on one
side would be to justice judiciae
p.8
Ridicule
On government side ridicule
will be sure to be not only
permitted but rewarded.
made Secry of State
On the other side not
being rewardable, it might at
least to be permitted.
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Identifier: | JB/026/012/001 "JB/" can not be assigned to a declared number type with value 26.
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1809-03-17 |
1-10, 1-6 |
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026 |
law amendment |
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012 |
press code or part i ch. 1 importance |
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001 |
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marginal summary sheet |
1 |
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recto |
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john herbert koe |
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8745 |
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