JB/026/060/001

Click Here To Edit

1
Instructions to the Judge Code Defamation and of Vituperation Vituperation Compared & Defamation circumstances by which the mischief
of it is encreased or diminished

1.
Opposite dangers to
be guarded against —
1. leaving reputation
unprotected —
2. weaking the moral
sanctions. p.1

---page break---

Vituperation
Invective Closely connected
with defamation
is Vituperation —
Syn Vilification Revilement
Reproach — consummate
verbal abuse generality makes the
difference. p.2

3.
Reproach most distinct
from defamation when
aversion or contempt
is indicated with the
cause. Examples —

4.
Defamation most
distinct from Vilification
when the disreputable act
is imputed, but without
any expression of aversion
or contempt. p.2

5.
Defamation is more
circumstantial.
p.2

6
Reproach is more
concise — omitting
persons places times &c
p.3

7.
Defamation is the most
apt to be susceptible
of proof. Ex. gr. lyar
drunkard glutton —
more defamatory —
miser misanthrope
hypocrite men vituperation.
p 3.

---page break---

8 (cont)
1 Defamation in absence
worse than in presence.
p 3

9
Reasons —
Presence gives a man
the opportunity of defending
himself which
by the supposition he
will do with the advantage
which truth gives
over falshood: his deportment
will afford
presumption of innocence.
If in his absence the imputation
has time to
spread — with additions &
for want of timely contradiction
may become indelible.

---page break---

10
Admitted that presence
produces minored
danger of quarrel: hot
if so —
1. If no outrage the
present pain in the
only mischief.
2. If outrage separate
punishment and
satisfaction is due.
3. In case of moderate
retaliation on the
spot this retaliation
is satisfaction.
4. If excession the satisfaction
is unpunishable
pro tanto punishable
only for the excess.

---page break---

5. Post off
11
Vituperation is worse
in presence than in
absence
p.6

12
Reasons —
1. In presence it is more
apt than defamation
to produce quarrel —
2. No specific imputation
being conveyed there is
none to wipe off as
in defamation.
3. In absence expressing
nothing but the vituperation
or contempt
without any cause
assigned, reputation
is little liable to be
hurt by it. p. 6

---page break---

13
(2) Defamation (oral) more mischievous
before indifferent
persons than before
Friends — p 7

14.
Reasons —
1. Friends will not be
so ready to credit it
2. They will provisionally
defend him —
3. They wil give him
notice to defend himself.
4. Even crediting it they
will not spread it.
p 7

15
— or enemies — p. 7

16
1. Then entertain already
the aversion or
contempt in the
production of which
the mischief consists.

---page break---

17
4 more mischievous
when accompanied
with pretended friendship.
p.7.

18
Reasons —
1. The more likely to
gain credence with
friends.
2. By exacting promises
of secrecy explanation
& thence defence —
may be thus prevented.
p.8.

19
NB. When the imputation
is true exaction
of secrecy may be the
effect of timidity or
prudence: when false
it indicates a corrupt
motive. p. 8

20
5 Defamation is more
mischievous: + p.8 +
when spoken than when writing
in writing

21 —
Reasons —
1. It renders defence
the more difficult.
p.8

22
6 Defamation in what
circumstances & why
the mischief of it is
by writing increased.
p 8.
1. The number of the
persons to whose conception
it is likely
to be conveyed is
encreased —
2. But the more interesting
the story whether
from the quality of
the supposed agent, or
the nature of the
suppose act the
more diffused will
the defamation be
when written and the
less the additional
diffusion it will
receive from writing.
3. If by its interestingness
it is conveyed
though oral to all
man has to deal
with, it then can
receive no further
addition from writing.
p.9.

23
The degree of additional
publicity receivable
from writing will vary
with the state of the
writer — viz — in respect
of the proportional number
of readers. p9.

---page break---

24
— in what diminished
1. The nature & degree
of the imputation are
fixed and cannot as
in the other case be
deteriorated or amplified
2. the imputation being
fixt presents a fixt
basis to the defence.
p.10.

Identifier: | JB/026/060/001 "JB/" can not be assigned to a declared number type with value 26.
Date_1		Marginal Summary Numbering	1-24
Box	026	Main Headings	law amendment
Folio number	060	Info in main headings field	instructions to the judge code defamation & vituperation compared & defamation circumstances by which the mischief of it is encreased or diminished
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1
Penner	john herbert koe	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections	jeremy bentham	Paper Produced in Year	1806
Notes public		ID Number	8793
Box Contents