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I speak now of State Libels — Those to whom
it belongs, are as ready to punish as can be wished libels
they have always been so. It is natural.
Meantime neither they nor any one else, I
speak it without exception has told, nor
ever can they tell, as 1 the 3 Law 4 stands, 2 at present,
what a State-libel is.
If in a constitution like this there is such a thing as a State Libel
if it does more harm than it does good,
[it is very fit that + + the guilty those who publish them write <add>are guilty of them</add> should
be punished: but it is altogether as fit that
a man should know what it is to be guilty.]
There is one thing that is [very] perfectly fit[ting] right It is that
the guilty should be punished — But there is
Lord What shall a man do to be read also another thing that is fitting: It is that
a man should be able to know what to do
so as to be innocent[+] [+] I speak of those who write, & write upon state-matters — that this no man has told —
that this no man knows.
What I know of the matter I will tell speak — I will tell it
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I have consider'd the cases. I have framed my
Definition — It is this —
A State-Libel is that said written of a Statesman
For if any one to whom it belongs to understand these matters — should have framed to himself the Definition & ask me I am about to give — he will take good care how he tells it. [or a number of Statesmen] which is of State-
measures & therefore thence necessarily of a Statesman,
which he does not like
If I am asked what is a Statesman, what
are State-measures I have nothing to say reply
I must be pressed no farther. The Law has
never told me. How is it I should know
A State-Libel is this libel said written of a Statesman
which he does not like, because a Libel is
that written against any man which he
does not like — For a Libel is something
written & the being written makes a thing
otherwise innocent, a crime.
As to what very thing is spoken, it must tend to produce, or
tend to produce to a man some certain assignable prejudice
or some certain assignable account to
to make <add>constitute </add> as now I what is called a mere civil injury,
but any thing will constitute what is called a
crime.
Scandal State —
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with assurance — One way There is one way to be innocent
there is [& secure] & that is, to write nothing
to publish nothing — this is certain.
Is there any other way that is certain
Is there any other way that is certain? I know of none — there is another however[+]
[+] which is probable by which a man may stand a very
good chance of veracity — it is this — to
praise+ + speak well every thing and every body — dead as well
We read in a sacred book of a question that
was not answerable — Lord what shall I a man do
that he shall be saved — Tis a question that
never was more reasonable upon any subject
than upon this — that never were men deserving
an answer — nor were farther from having one.
deserving as well as undeserving living — abroad as well as at home — Let
a man
he may depart in peace — his faith [charity]
hath made him whole
---page break---
Ascending to this definition of them In what cases ought State Libels to be punished?
If Statesmen acted in all things as Gods? No so
Not singly from that ..........
For if they not acted act so to act as Go but appeared to act so, the punishment
would be of no use, for the Crime would
do no mischief, it would have no effect
but if they acted really as Gods, & at the
same time appeared to act as men —
upon this Hypothesis, State libels should be punished Under this state of things
Upon this footing stands the liberty of the press
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Identifier: | JB/070/186/001 "JB/" can not be assigned to a declared number type with value 70.
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of laws in general |
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186 |
scandal state |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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