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C 5
Of Offenses against Reputation in general Diss.
prejudice: at any rate the report has time to spread, and (as
is commonly the case) derive additional malignity from every
mouth through which it passes. Besides this, the countenance
which a man who feels himself innocent exhibits
at the instant the imputation is first conveyed to
him is often one of the most satisfactory proofs of innocence a man
so circumstanced can have an opportunity of displaying.
10 Admitted, that produces danger of quarrel, but if so 1. If no outrage, present pain is the only mischief 2. If outrage, separate satisfaction and punishment is due 3. In case of moderate retribution on the party this retribution is satisfaction. 4 — if excessive, the satisfaction is unpunishable satisfaction for punishable only for the excess As to the mischief resulting from the quarrel, there
is little need of estimating that at more than the present pain.
If it should draw on him any personal outrage from
his adversary, his adversary is punishable separately
for the outrage. If it should lead him to inflict personal
chastisement on his adversary, ion the effect spot, this
chastisement will either be moderate or excessive. If moderate,
he will stand excused by Law, and he will have
gratis the satisfaction of administering it. If excessive
he is then himself to blame; he will have had the above
satisfaction, but he must be punished for the excess. As
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Identifier: | JB/072/033/001 "JB/" can not be assigned to a declared number type with value 72.
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10-12 |
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072 |
penal code |
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033 |
of offences against reputation in general |
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001 |
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copy/fair copy sheet |
2 |
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recto |
f5 / f6 |
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[[watermarks::[lion with crown motif]]] |
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23650 |
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