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17) Pers:l Inj:s Disabl:t tempor.y

Reputation. Such cases too rare to warraant a rule allowing of S the mode of defence in question On the other hand it is manifest that a case like this if ever behoves to happen very rarely: many of the suppositions
in it are many of them strained. It behoves
to be so rare, that the inconveniences that can
happen from the not allowing of it as a ground
for such a mode of defence would upon the whole
be very slight: they would probably therefore bear but a small ratio
to the inconveniences of allowing it. the general rule
that must be made for the purpose of allowing

Inconveniences of the want of such allowance how palliated. Another thing to be consider'd is that in fact it is not probable that the
Laws disallowing of such a defence that even in the singular case
above supposed would probably have the effect of
subjecting the party to the supposed mischief of the
attack. Rather than submitt to the mischief of the
injury he would choose to subject himself to the
mischief of the Law which prohibits him from taking
this method of [saving himself guarding himself against it [from the other] As
the injury done the defamer by such a counter-attack
need would have been but slight the punishment for such an attack
supposing even that nothing could be alleg'd alledg'd
in mitigation would be but slight.
To Ins.a 32.

Inconveniences of the such an allowance as abovementioned On the other hand the public mischiefs of the general rule
that must be made for allowing of the mode of defence in question in the case in question covering such a case must could
be scarcely be other than it should seem be other than considerable. This rule could scarcely be any
other than some such this vague one as this, that a man hearing an attack
made upon his reputation might put a stop
to it by force. In this case The rule being to this
effect, the party supposed to be thus attacked, must
in the first instance, be made judge in his own cause. If

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Identifier: | JB/072/164/001
"JB/" can not be assigned to a declared number type with value 72.


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penal code

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pers:l inj:s disabl:t tempory





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e17 / e18 / e19 / e20


jeremy bentham


[[watermarks::[gr with crown motif] pro patria [with motif]]]


jeremy bentham

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