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Code Definition Inserenda
1 —
Choice of six disreputable
qualities to be
specified in the accusation.
p.13
2.
Consequence of not
having specified the
qualities in proof.
p.13
3.
Reasons why in the
instrument of accusation
6 charges may be contained —
indeterminateness
of the import of the names
of mere qualities. Confined
to one the Plff might
lose his cause: though
even ifn the opinion of
the Judge the accusation
were well founded — an
imputation being cast
though not precisely
the one conveyed by the
denomination pitched
upon by the Plff. p.15
Instructions to Judge
1.
Form of self-humiliation
A confession
of Defts own persuasion
of the falshoodof the
imputation cast by
him shall not be
involved in it. p.18
2.
Reason. For thus
falshood may be compelled:
belief or disbelief
not being in a
man's power. The
mischief is not in his
entertaining but consummating
the communicating
the injurious
persuasion.
No matter to Plff what
Deft believes so that
Judge believes If
what he is thus compelled
to declare appears
to be false the Judge or
the law will thus be
rendered odious instead
of the offender. p.18
§. English Law
1 —
French law is best
adapted to offences agt
reputation — is fertile
in expedients for reformation
p.19.
2
English very ill —
Old English lawyers insensible
to the pain of
ill repute sensible
only to
1. bodily pain
2. pecuniary loss —
3. loss of physical
liberty —
No wonder they
cared not about healing
ab sufferings with
which they could not
sympathize. p.19
3.
Modern lawyers bound
by precedents cannot
well repair in this
case the defects of
their predecessors. p.20.
4.
Offences against
reputation for which
English law provides
no or no adequate
remedy —
1. Vituperation, none
2. Defamation, the
description too narrow.
3. Personal insult none
except for corporal
injury.
4. Insulting menacement
none.
5. Punishment throughout
unanalogous
p.22
5
English law its incongruities
1. Prosecution civil,
proof of truth is permitted.
2. — criminal not
3. except that to
ground an information
affidavit of falshood
is necessary.
4. — useless ex officio
p.27
6.
However so far as
concerns pecuniary
punishment the consequence
of civil prosecution
is the severest.
Damages are commonly
more copious than fine
& the benefit accruing
to the adversary, a pain
of the irascible appetite is
thus added to that of the
concupiscible.p.23
Identifier: | JB/026/062/001 "JB/" can not be assigned to a declared number type with value 26.
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1-3, 1-2, 1-6 |
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026 |
law amendment |
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062 |
code defamation inserenda instructions to judge |
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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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8795 |
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