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<p>14</p> | |||
<p><head>Infamy</head></p> | |||
<p>with crying evils, but evils interwoven into the<lb/> | |||
very essence of a free state <add>constitution</add>.</p> | |||
<p>The offence of libelling <add>as marked out by the Law as it stands at present</add> <del>is this. I have made up the<lb/> | |||
deposition these many years,</del><hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> I have turned over Law-books upon Law-books I have observed the practise of the champions of <add>what is called</add> liberty, the Hales the Holts:</note> <del>and I can find no<lb/> | |||
warrant for allowing <add>contradicting</add> if in [the <add>a</add> least] little: it is<lb/> | |||
the [saying any thing] publishing of</del> <add>is this; it is the publishing respecting</add> any man any<lb/> | |||
thing that he does not like.<hi rend="superscript"><del>[a]</del></hi> <note><hi rend="superscript"><del>[a]</del></hi> <del> <gap/> p.5.</del><hi rend="superscript"><del>(a)</del></hi> The case of a regular accusation in a Court of Justice forms the only exception.</note> This being the offence<lb/> | |||
of libelling in general, the offence of State libelling<lb/> | |||
is the publishing <del>anything of</del> <add>respecting</add> a man in power<lb/> | |||
<add>any thing <del>which [that] a man in power</del></add> which he does not like.</p> | |||
<p>A libel is either <hi rend="underline">criminative</hi> or <hi rend="underline">vituperative</hi>. By<lb/> | |||
criminative I mean such an one as charges a<lb/> | |||
man with having done a specific act (determinable<lb/> | |||
by time and place,) of the number of those that are<lb/> | |||
made punishable by Law. By <hi rend="underline">vituperative</hi>, simply<lb/> | |||
<unclear>interperative</unclear>, I mean such an one as <del>does</del><lb/> | |||
without charging <add>a man with</add> any specific fact, does no more<lb/> | |||
than intimate in terms more or less forcible, the<lb/> | |||
disapprobation in which the libeller holds the <add>general</add> conduct or character of the party libelled. <add><del>general tenor of his [character and] conduct</del></add> Such are<lb/> | |||
all the epithets of <add>vague</add> reproach, liar, fool, knave, <add>wicked,</add> profligate,<lb/> | |||
abandoned man, and so forth: together<lb/> | |||
with all those compositions which in the compass<lb/> | |||
of a line or of a volume intimate the same thing.<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> A criminative libel therefore is one thing: a vituperative is another.</note><lb/> | |||
The Law knows not of these <del>names</del> <add>terms</add>: but it<lb/> | |||
acknowledges the distinction they are here intended to express.</p> | |||
<p>Of these two, a libel of the criminative kind, admitts,<lb/> | |||
<add>we may observe,</add> of another much more confined and determinate<lb/> | |||
definition, a vituperative libel will admitt of no<lb/> | |||
<add>other</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
14
Infamy
with crying evils, but evils interwoven into the
very essence of a free state constitution.
The offence of libelling as marked out by the Law as it stands at present is this. I have made up the
deposition these many years,⊞ ⊞ I have turned over Law-books upon Law-books I have observed the practise of the champions of what is called liberty, the Hales the Holts: and I can find no
warrant for allowing contradicting if in [the a least] little: it is
the [saying any thing] publishing of is this; it is the publishing respecting any man any
thing that he does not like.[a] [a] p.5.(a) The case of a regular accusation in a Court of Justice forms the only exception. This being the offence
of libelling in general, the offence of State libelling
is the publishing anything of respecting a man in power
any thing which [that] a man in power which he does not like.
A libel is either criminative or vituperative. By
criminative I mean such an one as charges a
man with having done a specific act (determinable
by time and place,) of the number of those that are
made punishable by Law. By vituperative, simply
interperative, I mean such an one as does
without charging a man with any specific fact, does no more
than intimate in terms more or less forcible, the
disapprobation in which the libeller holds the general conduct or character of the party libelled. general tenor of his [character and] conduct Such are
all the epithets of vague reproach, liar, fool, knave, wicked, profligate,
abandoned man, and so forth: together
with all those compositions which in the compass
of a line or of a volume intimate the same thing.⊞ ⊞ A criminative libel therefore is one thing: a vituperative is another.
The Law knows not of these names terms: but it
acknowledges the distinction they are here intended to express.
Of these two, a libel of the criminative kind, admitts,
we may observe, of another much more confined and determinate
definition, a vituperative libel will admitt of no
other
Identifier: | JB/141/115/002"JB/" can not be assigned to a declared number type with value 141. |
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not numbered |
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141 |
rationale of punishment |
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115 |
infamy |
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002 |
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text sheet |
4 |
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recto |
f12 / f13 / f14 / f15 |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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48332 |
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