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< | <head>18 C <lb/> | ||
<sic>Offences</sic> against Reputation —</head> | |||
<p>-famed: <del>and the master of both parties shall be But he<lb/> | |||
shall pay the costs [of the Prosecutor] unless the</del> and<lb/> | |||
the costs of both parties shall be paid by them respectively<lb/> | |||
in <del>the</del> <add>such</add> proportion as the Court shall<lb/> | |||
<p | |||
the costs of both parties shall be paid by them respectively<lb/> | |||
in <del>the</del> <add>such</add> proportion as the Court shall<lb/> | |||
think proper to appoint. But if no special appointment<lb/> | think proper to appoint. But if no special appointment<lb/> | ||
be made the Def<hi rend='superscript'>t</hi> shall pay the Prosecutor<lb/> | be made the Def<hi rend='superscript'>t</hi> shall pay the Prosecutor<lb/> | ||
his entire costs.</p> | his entire costs.</p> | ||
<head>Instructions to the Judge.</head> | <head>Instructions to the Judge.</head> | ||
<p><note>Procedure <!-- following in pencil --> Form of self- | <p><note>Procedure <!-- following in pencil --> Form of self-humiliation — a confession of defendants more particular if the <sic>falshood</sic> of the imputation <gap/> by him shall not be involved in it</note> In <del>choosing the</del> appointing the form of words<lb/> | ||
in which a Def<hi rend='superscript'>t</hi> is to ask pardon of the party<lb/> | in which <del>to</del>a Def<hi rend='superscript'>t</hi> is to ask pardon of the party<lb/> | ||
defamed, let the Judge be careful not to use any<lb/> | defamed, let the Judge be careful not to use any<lb/> | ||
words that impart the Defendant's own <add>belief and</add> persuasion<lb/> | words that impart the Defendant's own <add>belief and</add> persuasion<lb/> | ||
of the groundlessness of the report complained of.</p> | of the groundlessness of the report complained of.</p> | ||
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<head>Reasons</head> | <head>Reasons</head> | ||
<p><del> | <p><del>For</del> Belief is not in a man's power; and it may<lb/> | ||
happen that <note>upon the credit of reasons which he cannot make out to other people or which would not make the same impression on other people</note> he may rest <add>sincerely</add> persuaded of the truth<lb/> | happen that <note>upon the credit of reasons which he cannot make out to other people or which would not make the same impression on other people</note> he may rest <add>sincerely</add> persuaded of the truth<lb/> | ||
of the report, though it may in fact not be true<lb/> | of the report, though it may in fact not be truth<lb/> of the report, though it may in fact not be true <lb/> and though to every body else it may appear false<lb/> | ||
and though to every body else it may appear false<lb/> | <note>Reasons? For this <sic>falshood</sic> may be committed: belief or disbelief not being in a man's power. The mischief lies not in his <unclear>obtaining</unclear> but in <gap/><gap/><gap/><gap/></note> The mischief consists <add><del>Thus faulted</del>, his fault lies</add> not in his entertaining such<lb/> a notion but in his communicating it to other<lb/> people. It is not necessary, and not being necessary<lb/> | ||
<note> | it <add>surely</add> is not right, that the Law which is instituted to<lb/> | ||
a notion but in his communicating it to other<lb/> | promote virtue and to discourage vice, should be<lb/> | ||
people. It is not necessary, and not being necessary<lb/> | instrumental in inculcating <add>the vices of meanness and</add> insincerity. <lb/> To p. 18 <hi rend='superscript'>x</hi> <!-- following in pencil --> To p. 3</p> | ||
it <add>surely</add> is not right, that the Law which is instituted to<lb/> | |||
promote virtue and to discourage vice, should be<lb/> | <p><del>If a man,<lb/> | ||
instrumental in inculcating <add>the vices of meanness and</add> insincerity. < | believing some part to be true, avers it to be false<lb/> <add>that he believes</add> <lb/> | ||
<gap/> it to be false, he tells a <add>a palpable</add> an untruth. To<lb/> | |||
be obliged to do this tell an</del> untruth for the sake<lb/> | |||
<del>of saving one's self from punishment <gap/>meanness</del> <lb/> <note>It brings more odium upon the Law than it does contempt upon the offender.</note> To be obliged to do this is to some men a<lb/> | |||
very heavy punishment: and it is the more heavy<lb/> to a man the <del>more attached he is</del> <add>more steady his attachment is</add> to virtue. <lb/><note> Knowing himself <add>as he does</add> to be guilty of insincerity</note> It degrades him in the <del><gap/></del> eyes <del>and <gap/></del> Of <add><del>each</del> </add> others: <lb/> | |||
<del>as may suspect him so to be.</del> <add>it degrades him in his own.</add> When he <del>knows</del> has<lb/> once received such a wound as this is in his <sic>honour</sic>.<lb/> | |||
<del>he sets</del> <add>it is of</add> less value <add>to him</add> <del>on it</del> ever after; and he <add>is apt to</add> give way to <add><sic>vitious</sic> </add> | |||
</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
18 C
Offences against Reputation —
-famed: and the master of both parties shall be But he
shall pay the costs [of the Prosecutor] unless the and
the costs of both parties shall be paid by them respectively
in the such proportion as the Court shall
think proper to appoint. But if no special appointment
be made the Deft shall pay the Prosecutor
his entire costs.
Instructions to the Judge.
Procedure Form of self-humiliation — a confession of defendants more particular if the falshood of the imputation by him shall not be involved in it In choosing the appointing the form of words
in which toa Deft is to ask pardon of the party
defamed, let the Judge be careful not to use any
words that impart the Defendant's own belief and persuasion
of the groundlessness of the report complained of.
Reasons
For Belief is not in a man's power; and it may
happen that upon the credit of reasons which he cannot make out to other people or which would not make the same impression on other people he may rest sincerely persuaded of the truth
of the report, though it may in fact not be truth
of the report, though it may in fact not be true
and though to every body else it may appear false
Reasons? For this falshood may be committed: belief or disbelief not being in a man's power. The mischief lies not in his obtaining but in The mischief consists Thus faulted, his fault lies not in his entertaining such
a notion but in his communicating it to other
people. It is not necessary, and not being necessary
it surely is not right, that the Law which is instituted to
promote virtue and to discourage vice, should be
instrumental in inculcating the vices of meanness and insincerity.
To p. 18 x To p. 3
If a man,
believing some part to be true, avers it to be false
that he believes
it to be false, he tells a a palpable an untruth. To
be obliged to do this tell an untruth for the sake
of saving one's self from punishment meanness
It brings more odium upon the Law than it does contempt upon the offender. To be obliged to do this is to some men a
very heavy punishment: and it is the more heavy
to a man the more attached he is more steady his attachment is to virtue.
Knowing himself as he does to be guilty of insincerity It degrades him in the eyes and Of each others:
as may suspect him so to be. it degrades him in his own. When he knows has
once received such a wound as this is in his honour.
he sets it is of less value to him on it ever after; and he is apt to give way to vitious
Identifier: | JB/072/027/002"JB/" can not be assigned to a declared number type with value 72. |
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1-2 |
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072 |
penal code |
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027 |
offences against reputation |
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002 |
excuse / instructions to the judge / reasons |
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text sheet |
2 |
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recto |
d17 / f11 / d18 / f12 |
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jeremy bentham |
[[watermarks::gr [crown motif]]] |
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23644 |
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