JB/026/018/001

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30 Mar 1809
Press. Ch.4. Kindred Offences

Natural distinctions
§§.4.3. Mode

1.
III. Mode — This if distinct
from the instrument
applies only
to articulate discourse.
p.1.

2.
1. Assertion, direct.
indirect. viz. insinuation.
2. Stile plain or figurative —
Direct is most apt
to be plain: indirect
figurative. p.1.

3.
For modifications of
figurative see systems
of rhetoric.
Interrogative and
irony the most in use.
p.1.

4
Wound aimed at
reputation being given
in matter in which
of these modes. p.2.

5.
Mode indirect or
figurative, would —
apt to be deepest.
p.2.

6
— but less extensive,
fewer minds comprehending
the aspersion.
p 2

7
To instrument or
mode belongs the distinction
between oral
and written discourses.
p.3

8
By writing, the
would extended: per
contra remedy facilitated.
p.3

9.
To mischief or mode
belongs distinction between
determinateness
& indeterminateness
of the aspersion. p.4.

10
Aspersion determinate
is —
1. defamation only —
indeterminate is
2. Vituperation.
3. Corporal Insult.
4. Insulting menacement. p.4.

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Natural distinctions
§§.4.3. Mode

11
All tend to induce
contempt or aversion:
defamation alone indicates
a determinate
ground. p.4.

12.
viz. some determinate
act habit or
disposition or quality:
determinate in species
determinate or not
as to time & place.
p.4.

13.
Tending to subject
the party to ill or
loss of good offices: viz
1. Through the medium
of contempt or aversion.
p.5

14
2. immediately ex. gr.
loss of
1. Custom
2. Business
3. Office
4. Marriage.
p.5.

15.
Seat of contempt or
aversion either —
1. Individual minds
2. public mind.
p.5.

16.
By contempt or aversion
pointed to the
public mind agt
any species of act
the punishment of
the moral sanction
& thence prohibition
by do, is pointed agt
such act. p 5

17
Acts &c prohibited by
popular sanction
the more disreputable
&c the more
intense the contempt
the aversion pointed
at them. p.6.

18
Coincidence between
moral and legal
sanctions pro tanto
punishable or disreputable,
& generally
in the same proportion.
p.7.

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19.
Exceptions have for
their causes —
1. Utility
2. Sympathy and
antipathy and asceticism.

20
Under utility many
acts disreputable wod
not be punishable —
Causes —
1. Evidence unobtainable
2. Punishment unmeet,
because over-expensive. p.7.

21.
But of acts punishable
none wod be
if not disreputable.
p.7.

22.
Under sympathy &
antipathy & asceticism
many acts made
punishable are not
disreputable — Causes —
to Causes
1. Under utility they
would nor have
been punishable.
2. Under do they wod
not have been disreputable.
p.7.

23.
So, many that
under utility would
not be disreputable,
and others which
though disreputable
would not be made
punishable are
under the two false
principles disreputable,
& thence punishable.
p.8

24.
In defamation something
is charged susceptible
of proof — in
vituperation corporal
insult, and insulting
mean menacement
nothing. p.6.

25
In these three
cases the aggressors
own contempt or
aversion being manifested,
the public
adopted it without
reflection in virtue
of a pre-established
prejudice. p.9.

Identifier: | JB/026/018/001 "JB/" can not be assigned to a declared number type with value 26.
Date_1	1809-03-30	Marginal Summary Numbering	1-25
Box	026	Main Headings	law amendment
Folio number	018	Info in main headings field	press ch. 4 kindred offences
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john herbert koe	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	8751
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