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13) Pers:l Inj:y Disabl:t temp:y (13
Attack upon Reputation, what. have a tendency to lessen the share of good-will they
might would otherwise have been disposed to bear to him.
— is Scarcely admitts of being lisrepelled by a personal attack. From this account, it will appear plain enough
that it is scarcely in the nature of things for a
man to be disabled from making or continuing an attack on
anothers any one's reputation. [+] [+] I mean by an act of temporary disablement The cases at least are rare.
By an act of permanent disablement indeed he may.
It is just possible. He may have his tongue cut
out : and (what would will <add>must its</add> be also necessary if he could can
write he must have his hands cut off. Thus deprived
of the ordinary instruments of conversation
it will is at least not be probable that he can could find means to
communicate any this ideas by which reputation is to be
affected. But this would be an heavy and outrageous
punishment: out of proportion [+] [+] as will be seen in it's proper place to most if not to
all instances of the crime. Besides it would not
be easy to say when the act of disablement could take
place. If before the words were spoken, written
published, or the signs utter'd, the incident that there would not have be
as yet that which should justify the disablement would not have taken
place A written Threat Burning the paper. If after, the act designed as an act of
disablement would come too late. The mischief would
be already done. consummated With respect to that act No disablement could possibly take place.
A man could not never be disabled from speaking — he would
always leave the opportunity — indeed might be distroyd
Danger of making a man's his own judge before the words were
known — and when known it would be too late. Mischief
not inseperable here as in the former cases - No
act requisite to prevent it. No occasion to alter it or
justification — Sufficient to allow it as an excuse.
Words, "says the Law in this head, "are no assault".
Identifier: | JB/072/163/001 "JB/" can not be assigned to a declared number type with value 72.
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not numbered |
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072 |
penal code |
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163 |
persl injs disabl:t tempy |
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001 |
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text sheet |
4 |
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recto |
e13 / e14 / e15 / e16 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23780 |
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