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18) Pers:l Inj:s Disabl:t temp.y.

Reputation Inconveniences of such an allowance as abovementioned. If strict proof were to be required of the matter of justification,
the rule would be of little use. The report
as far as it went must be supposed not to have
been intelligible to strangers: for if it were, the mischief
would have been done already and the no force
that could be put upon the defamer would answer no any end. The
party then in order to bring himself within the justification
must make that appear to a strangers (viz
the Judges) what by the supposition did not appear
to strangers upon the face of the transaction. He
must shew, from circumstances what within his knowlege
and which must be he must be in a condition to prove make proof of,
that the words such and so many as were spoken, could
not be designed for any other purpose than but to convey such a report.

If strict proof were not required of the matter
of justification, the rule would be liable to great
abuse. If the party were not obliged to prove that
the words in question had the were spoken in the
view in [with the intent] in question] his own
persuasion or pretended persuasion must in a great measure [received] be taken either singly or with ambiguous and slightly corroborating circumstances
for proof. Under favour of this indulgence men would
be apt to take upon themselves to offer very gross and troublesome
violence to any whom they should be suspect of
of saying any thing of them, proper or improper, to
the said which they would not like from whatever cause they
would wish not should not be said of them.

Injuries done to prop person and to property
are tolerably simple [easy] in their description, and
from the marks which they are apt to leave behind

Identifier: | JB/072/164/002
"JB/" can not be assigned to a declared number type with value 72.


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not numbered



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penal code

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Info in main headings field

pers:l inj:s disabl:t tempory





text sheet

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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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