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<p>1826. March 20<lb/> | |||
<head>Penal Code</head><note>Ch. 1. Offences affecting the body<lb/> | |||
§. 7. Mental vexation simple</note></p> | |||
<p>On the view of this case, the idea of encouragement<lb/> | |||
given to frivolous and vexatious<lb/> | |||
litigation may naturally enough present itself,<lb/> | |||
not however, with any consistancy to the mind<lb/> | |||
of an English lawyer. The reports may be seen<lb/> | |||
teeming with cases in which, on this ground,<lb/> | |||
or on none at all, punishment and <del>in the name<lb/> | |||
of</del> compensation have been awarded for this<lb/> | |||
or that hasty word. One example, that of<lb/> | |||
the word whore, will be quite sufficient, for<lb/> | |||
punishment or compensation in that case, the<lb/> | |||
ground is not near so substantial as in either<lb/> | |||
of those above enumerated. Yes – if by the<lb/> | |||
word whore, in the language of vulgar obloquy,<lb/> | |||
any breach of the law of chastity were seriously<lb/> | |||
meant to be imputed. But though now and<lb/> | |||
then, such may have been the intention; yet in ninety nine<lb/> | |||
instances out of a hundred it has no determinate meaning nor any<lb/> | |||
meaning at all, over and above the expression of a momentary sentiment<lb/> | |||
of anger or contempt, in the mind of the person by whom the offensive<lb/> | |||
word is thus thrown out. Add here the case of <unclear>Zementy</unclear> ☞</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1826. March 20
Penal CodeCh. 1. Offences affecting the body
§. 7. Mental vexation simple
On the view of this case, the idea of encouragement
given to frivolous and vexatious
litigation may naturally enough present itself,
not however, with any consistancy to the mind
of an English lawyer. The reports may be seen
teeming with cases in which, on this ground,
or on none at all, punishment and in the name
of compensation have been awarded for this
or that hasty word. One example, that of
the word whore, will be quite sufficient, for
punishment or compensation in that case, the
ground is not near so substantial as in either
of those above enumerated. Yes – if by the
word whore, in the language of vulgar obloquy,
any breach of the law of chastity were seriously
meant to be imputed. But though now and
then, such may have been the intention; yet in ninety nine
instances out of a hundred it has no determinate meaning nor any
meaning at all, over and above the expression of a momentary sentiment
of anger or contempt, in the mind of the person by whom the offensive
word is thus thrown out. Add here the case of Zementy ☞
Identifier: | JB/065/068/001"JB/" can not be assigned to a declared number type with value 65. |
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1826-03-20 |
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065 |
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068 |
Penal Code |
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001 |
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recto |
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20721 |
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