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Mar 1809
Press. Ch. 4. Kindred Offences — 1. Natural & distinctions
§ Natural distinctions
§1 Sources of distinction
1.
If good order in the
laws were not by the
professed lovers of good
order recognized as being
recognized as being recogni
hostile to their
good order — wrongs &
rights with the laws
belonging to them wod
have been put into as
good order as the flowers
of a field. p.1
2.
Offences agt reputation
a natural class —
Defamation the most
obvious genus. p.2
3.
Sources of diversification.
1. Mischief
2. Instrument
3. Mode
4. Party injured. p.2
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Natural distinctions
§.2.1 Mischief
1.
Mischief the principal
object — thence are taken
the characters of the
genera each having its
synonyms. p.3
2.
Before each, wrongful
must be understood.
For simplicity it is
omitted. p.3
3.
Disparateness and
incommensurability
of many of the terms
Not all names of
acts as defamation &c.
4.
Feature common to
all four genera — tending
to point agt the party
affected, contempt or
aversion — hatred. p. 4.
5.
This not yet the
ultimate mischief —
Herschel wod not value
all Georgium Sidus ad
hatred, so much as
a beggars admiration.
p.4
6
Ultimate mischief
not intelligible but by
offices
Good = services (See
Introd. & Dum.)
No two human
beings but that Either
may be affected by
offices of yt other —
Lion & Mouse.
p. 4.
7.
From ill offices men
are mostly restrained
by law p. 5.
8
Good are to a great
extent commanded —
viz — either sine or
ex contractu p. 5.
9.
Yet after all, many
ill offices remain unprohibited,
many good
uncommanded.
10
Of this residuum eql
value of good reputations
yet mischief of a wound
to reputation is composed.
10 (a)
Item the force of the
moral sanction p. 6.
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Natural distinctions
§.2.1 Mischief
11
Contempt rather
withholds good offices:
aversion renders bad:
but the effects run
into one another: then
rather as to withhold
a good office, is an
ill one. p. 6.
12
Hence genealogy of
mischief of a wound
to reputation.
It begets contempt
or aversion: they, ill
offices or absence of
good ones. p. 7.
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Natural distinctions
§. 3 II. Instrument
1
II. Instruments — tongue
pen hand foot &c.
2
Irrationality of men —
By a mechanical operation,
each man has power
to pour the contempt of
all others on any other
deserving or undeserving.
p. 1.
3.
Discourse the instrumt
by which the most durable
& extensive mischief is
producible. p. 1.
4.
Modifications of discourse
1. articulate. 2. inarticulate
ex.pr. exhibitions graphical
scenical — and others
symbolical —
Caricatural. p. 1.
4 (a)
1. "Wooden Gun a libel"
2. Hanging or burning in
Effegie —
Guy Fawkes — The Boys
libellers? p. 2.
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press ch. 4 kindred offences |
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