JB/067/080/001

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1818 July 4
Penal Code

Causes of highest prosperity all resolvable into liberty of political defamation.
1. Peoples choice of Members. 2. Jury trial. 3. Ordinary Impunity of political defamation

2. Another proof though not in its nature so clear as the
former – another experiment – though not as in the firstmentioned
case a willing one – is that afforded by England: by the sort
of liberty de facto not de jure – liberty not by law but
against law – the sort of f ever feverish and precarious,
and at any time easily extinguishable liberty – hitherto
enjoyed or under the Constitution that mixt Monarchy of England.

In England among the European Monarchies, England
is that in which in comparison of every other the condition
of the whole body of the people taken together is by the in the order
and perhaps by the confession of all others more conf
flourishing more comfortable even, than in any other.

For this difference two main and ultimate causes have been to
be assigned: viz. 1. the share which the choice of the people by those chosen
have in the composition of the sovereign body. 2. Jury trial. 3. the liberty
of the press.

All these three Both these two causes are in effect readily fact reducible to one
viz. the liberty of the press: or taken together the liberty of
speech and writing – or to come more to the point the
liberty at (always remember de facto and not de jure)
of political defamation.

As to the share of the people in the composition of the
public sovereign body those of taken by itself it is not large enough to be capable of pro
giving existence to this or any other good effect. It In a
political assembly it is by majorities that every that it done
is done: on no occasion all can the people against decide the will
of the Monarch and his adherents even command so much as the tenth
part of a majority.

Identifier: | JB/067/080/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1818-07-04	Marginal Summary Numbering	50-54
Box	067	Main Headings	penal code
Folio number	080	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4 / c1
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	21913
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