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April 1809
Press Ch. 2. Libel Law as it ought
§4. Reasons contra Feeling
1.
Resumé — Security necessary
agt misgovernmt
that press be free as
to public men for indication
of their inaptitude.
p.1.
2.
Chief Ruler interested
con as well as pro
p.1.
3.
Sub-rulers purely
con its liberty. p.1.
4.
It being hostile to
them so they to it.
So, Reason. p.2.
5.
Chief Rulers should
therefore always be suspected,
sub-rulers
expected to be opposite
to it. p.2.
6.
Britannicé — has not
this been exemplified
see Below. p.2.
7.
The people should
proportionably be vigilant
& active in support of
this liberty —
For the means see
below. p.2.
8
Reason against this
liberty — feelings wounded
&c by do p.3
9.
This has been urged
as conclusive. p.3
10
If the opinion pronouncing
it such be an
error, it is so in accounts
feelings of the rulers
: do of the many
omitted.
To accountants mind
they were nor present or
existed — no sympathy
Butchers —
Are people content to
be treated as flesh by
butchers — if not, let
them speak. p.3.
11
Condition — feelings the
proper standard — error
only in the account.
p.4.
§4. Reasons contra Feeling
12.
So far are the feelings
of the assaulted a bad
effect preponderant over
all the good, it is itself
outweighed by the amusement
of the spectators.
p.4.
13.
Man for man suffering
greater perhaps than
enjoyment. But so
much more numerous
are the enjoyers! p.4
14.
In a Parliamentary
Election the scrutiny is
state power —
Vica voce self
answers are extracted.
To this the highest
aptitude probity & capacity
is content to submitt —
The very men in question
in vacating their seats
for their places
They thus acknowledge
the suffering to be outweighed.
p.5
15
Conclusion — the suffering
which in each of the
sufferers is overbalanced by
the enjoyment is — by
argument, given as a
conclusive reason for disregarding
the suffering of
any number of millions
p.6
16
Consequences of taking
supposed wounded man's
feelings for the standard
of criminality
1. Prosecutors evidence
needless
2. Defts do useless —
3 Prosecution evidence —
4 & conclusive —
5 Trouble & expence of
prosecution proves the
wound.
— altho' instead of being
artificially complicated
the mode had been
simple. p.7 —
17.
On this principle
(pursued
abandoned yet at pleasure
resumable, there
is nothing to try — from
prosecution conviction follows
of course —
Trial, its expence & vexation
a mockery of justice — an
aggravation of injustice.
p.7
§4. Reasons contra Feeling
18
What my feelings
are no man can know
so well as I. My
assertion (the direct
evidence) may indeed
be false: but the circumstantial
evidence
afforded by the act of
prosecution cannot be:
prosecution wod be an
effect without a cause.
19.
If the matter were open
to doubt the best solution
would be from the Judge's
feelings. But this would
only substitute a wavering
to a steady rule.
The portability of criminality
of Deft would
be inversely as the
humanity of the Judge.
p.8.
20
Feelings the standard
punishment should be
greater for imputing
unfitness to an unfit
than to a fit man.
The fitter the less the
pain of apprehension
produced by the scrutiny
thus instituted: the
more unfit, the greater.
p.9
21
Hence the greater a
man's unfitness the
more likely this criterion
is to be pitched upon
by him & approved.
p.9
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press ch. 2 libel law as it ought |
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