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1822 July 15.
Constitut. Code Rationale

22. or 1.
Requisites for bringing
into action the force of
both Tribunals.
1. Matter of evidence.
2. Matter of Comment.
Evidence brings to view
the individual not in
question with the circumstances
on which
its effects, good and bad,
on community's happiness
Comment, indication
correct or incorrect,
of the supposed or alledged
effects of do. on do.:
with or without the probability
of the supposed
act, and the supposed
agent's supposed part
in it.

23. or 2.
By evidentiary matter
understand – not only
what contributes to conviction,
but what by
indication ever so forced,
contributes to accusation.
To the end of a
suit not less necessary
is commencement
than continuation.

24. or 3.
In so far as what a
man has done, is or is
thought to be detrimental
to greatest happiness
&c., it is his interest
to keep both requisites

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25. or 4.
Proportioned to
1. Magnitude of sinister
benefit from the abuse.
2. Fear of punishment
through divulgation will
be the anxiety and effect
to perpetuate such suppression.
to such anxiety is therefore
the demonstrated enmity
to human happiness.

26. or 5.
Defamation is among
the effects of every such
indication: viz. of him
to whom a pernicious
act is imputed. To oppose
defamation in the
lump is therefore to call
for the suppression of
this security in the lump.

Hence every endeavour
so to suppress defamation
is confession of hostility
to greatest happiness

Proportioned to the hostility
of the form of government
and the practise to
the greatest happiness
are the exertions of course
made by the Governors
to deprive the governed
of this security

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In these endeavours, on
the part of those whose
power constitutes the legal
sanction, to suppress
the sole security against
the abuses which to them
are benefits, they are naturally
joined by all others,
who, having committed,
or having it in contemplation
to committ misdeeds
in any shape, punishable,
as such, by either
sanction, fear appropriate
evidence and comment.

Self contradictory is the
proposition, I wish to see
good government and
good morals have place,
and to see suppression
of defamation have

Sole case in which, of
defamation, though true,
the effect is to diminish
instead of encreasing general
happiness – the
mischief produced – not
by the act, but by the disclosure
of it.
Included in this case
are all those in which,
by some error in judgment
or affection, popular
antipathy has been
drawn upon the agent
by an act not of itself
detrimental to greatest
happiness. Example.

Identifier: | JB/038/024/001
"JB/" can not be assigned to a declared number type with value 38.



Marginal Summary Numbering

22 or 1 - 26 or 5, 27-31



Main Headings

constitutional code rationale

Folio number


Info in main headings field

constitut. code rationale





marginal summary sheet

Number of Pages




Page Numbering

d3 / e3


john flowerdew colls


[[watermarks::i&m [prince of wales feathers] 1818]]


Paper Producer

arthur wellesley, duke of wellington


jeremy bentham

Paper Produced in Year


Notes public

ID Number


Box Contents

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