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Mar 1809
Press. Ch. . Kindred offences
Natural distinctions
§§.4.3. Mode
26.
Mode of expressing
the sentiment the
only difference viz
1. In vituperation
words or equivalent
signs.
2. In bodily insult
contact &c —
3. In insulting menacement
declared
intention of producing
do — p.9
27.
In bodily insult by
insulting menacement
the public mind
is commanded with
much greater certainty
than in vituperation:
in vituperation, doubts
which is in the wrong,
in the other no doubts.
p.9
28
Probata in bodily
insult & insulting
menacement —
1. On the part of
aggressor fortitude &
injustice
2. — the party affected
eventual deficiency of
power internal or ab
extra in case of
non-retort.
3. — the public mind
remains of primaeval
barbarism under
which courage was
the only virtue.
4. — the law, want of
adequate protection,
either against wounds
to reputation, or
wrongs that by provocation
caused them
to be inflicted. p.10.
Natural distinctions
§§.4.3. Mode
Note
1.
Object of the technical
system throughout
as between a & B &
wrong committed
to make chance of
success as between wrongdoer
and wronged as
even as possible. —
This their notion
of impartial justice
and of blind justice
be good this was good
justice. p.4.
2.
Secus as between
them and A or B —
here it was necessary
and agreeable that
accusation should be
condemnation.
Hence a defamation
justifiable in A or B
was unjustifiable in
Rex v. A or B
p.4.
3
The favour thus
shewn was shewn
in a quiet way — viz —
by applying unjusticiability
not directly
to the description of
the party affected
(the King &c) but to
that of the mode
(printing) by which
he was liable to be
most deeply affected.
p.3
3(a)
1. General principles
Law of Action for words
Indirect defamation
tho' most apt to be
employed and striking
deepest exempted.
2. Cross & pole
would have
given a better chance
for justice.
3. Real object aimed at
if any giving as good
a real chance to each
Hope with the lawyers
presenting to each his
chance as the best
would engage both to
litigate, encouraging
wrongs demands &
defences. p.3
Identifier: | JB/026/020/001 "JB/" can not be assigned to a declared number type with value 26.
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1809-03 |
26-28, 1-3, 3a |
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026 |
law amendment |
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020 |
press ch. kindred offences |
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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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8753 |
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