JB/072/030/001

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C 23 3

Offences against Reputation.

English Law Justifications The English Law admitts a man to prove the
truth of his report insinuation when the suit by which he
is prosecuted for making that insinuation is a court
suit: it does not permit him to justify where it is
a criminal one. + + But it stops an information in the first instance where not ex officio. In consequence when a man
has been accused of a crime unjustly he may
the report propagated against a man is false the
reporter author of it may be indulged with being prosecuted
in a civil way only: but if it be true
he is at all events to be punished criminally. 3 5 English Law: its incongruities 1. Prosecution civil, proof of truth is persecution 2. criminal, not 3. Except that to ground on information affidavit if falshood is necessary 4. in offence On
the other hand however the civil prosecution is
that by which in general a man an offender is apt to suffer
most: 4 6 However conscious pecuniary punishment, the consequence of civil prosecution is the Damages in criminality more than from the benefit adversary a pain of the is there added to that of the cause since in the first way the produce of the
offence goes to is applied to the benefit of the party
injured, that is of the offender's of enemy, and
to be applied to the benefit of a particular person in
in that account the Jury have less sample about with
this regard to the [augmenting it the quantity] making
it a heavy one: in the other case it is not applied
to the benefit of the party injured, but to that of a
stranger the King or rather to the public; and on that
account the Judge is the more scrupulous with
regard to rendering it a heavy one. It Thus it is in this
case as in many others in the Law, the effects
of one absurdity are every now and in some
degree controuled and remedied by another. In the fortuitous Jumble of ill-digested Laws

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Identifier: | JB/072/030/001 "JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering	5-6
Box	072	Main Headings	penal code
Folio number	030	Info in main headings field	offences against reputation
Image	001	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	d23 / d24
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	23647
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