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1826 March April 5
Penal Constitutional Code Ch. Division of Offences
In all delinquency has never
in the case of public power as that of present office
In defamation a defamer of the government is opposed by a
stronger interest than a do of an individual: persons as
promised by adequate motives to expose the falshood.
2. Take for another instance – Offences against affecting property.
Sums abstracted equal greater less is the evil produced
and thence on this score the demand for repressive force in
the case of the public than in the case of the private
offence. Why? Answer. Because in the case of the
public offence the division of the loss being minimized
the burthensomeness of it is thereby in proportion allevated.
Such at least the port position acted upon as
an axiom, as often as on the score of spontaneous beneficence, and not in that of justice indemnity for loss is granted
at the charge of the public purse to the an individual
sufferer.
On the other hand where the losing party affected by the loss is
not an individual but the public – the community at
large, the degree of repressive vigilance on the part of the individuals persons at large taken in the aggregate – public functionaries themselves not excepted
is naturally not so strong and repressive, as is
in the case of the private, the degree of the like vigilance
even when the party affected consisted of no more persons
than one.
Identifier: | JB/068/047/001 "JB/" can not be assigned to a declared number type with value 68.
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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