JB/038/024/001

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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
depends.
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
suppressed.

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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.
Proportioned
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.

27.
Hence every endeavour
so to suppress defamation
is confession of hostility
to greatest happiness
&c.

28.
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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29.
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.

30.
Self contradictory is the
proposition, I wish to see
good government and
good morals have place,
and to see suppression
of defamation have
place.

31.
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.
Date_1	1822-07-15	Marginal Summary Numbering	22 or 1 - 26 or 5, 27-31
Box	038	Main Headings	constitutional code rationale
Folio number	024	Info in main headings field	constitut. code rationale
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner	john flowerdew colls	Watermarks	[[watermarks::i&m [prince of wales feathers] 1818]]
Marginals		Paper Producer	arthur wellesley, duke of wellington
Corrections	jeremy bentham	Paper Produced in Year	1818
Notes public		ID Number	11661
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