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<p>9 Sept. 1810, read.<lb/> | |||
Aº 177-? Written Aº 1809 Marginal contended<lb/> | |||
<!-- pencil --><head>Penal Code Offences against Reputation</head></p> | |||
<p>24.<lb/> | |||
In what diminished<lb/> | |||
1. The nature and degree<lb/> | |||
of the imputation are fixed<lb/> | |||
and cannot, as in the other<lb/> | |||
case be deteriorated or<lb/> | |||
or amplified.<lb/> | |||
2. The imputation being<lb/> | |||
fixt presents a fix basis<lb/> | |||
for <hi rend="underline">defence</hi>. p.10</p> | |||
<p>25<lb/> | |||
Of Defamation the mischief<lb/> | |||
is encreased,<lb/> | |||
1. by being printed. p.10</p> | |||
<p>26.<lb/> | |||
<hi rend="underline">For</hi>, in writing the imputation<lb/> | |||
is as <hi rend="underline">fixt</hi> as<lb/> | |||
in print –<lb/> | |||
and the diffusion is less<lb/> | |||
extensive. p.11.</p> | |||
<p>27<lb/> | |||
2. – in verse.</p> | |||
<p>28.<lb/> | |||
For, it is easier to<lb/> | |||
remember & communicate. p.11</p> | |||
<p>29.<lb/> | |||
3. Embellished by wit,<lb/> | |||
in which case it is<lb/> | |||
called <hi rend="underline">satire</hi>. p.11.</p> | |||
<p>30.<lb/> | |||
For by with the impression<lb/> | |||
is strengthened.<lb/> | |||
The pleasures produced<lb/> | |||
by wit viz pleasure of<lb/> | |||
surprize and pleasure<lb/> | |||
of sympathy, derived from<lb/> | |||
the contemplation of ingenuity<lb/> | |||
the imputation is<lb/> | |||
rendered easier to remember<lb/> | |||
and communicate<lb/> | |||
and by sympathy<lb/> | |||
for the author, antipathy<lb/> | |||
as towards object of the<lb/> | |||
satire is produced.<lb/> | |||
The moral demerit<lb/> | |||
will be as literary merit. p.12.</p> | |||
<p>31.<lb/> | |||
4. Set to music constituting<lb/> | |||
a ballad. p.13.</p> | |||
<pb/> | |||
<p>32.<lb/> | |||
For thus further encrease<lb/> | |||
is given to the pleasure<lb/> | |||
produced and the facility<lb/> | |||
of remembrance and communication. p.13.</p> | |||
<p>33.<lb/> | |||
What sort of imputation<lb/> | |||
shall be most mischievous<lb/> | |||
to an individual depends<lb/> | |||
on his or her condition in<lb/> | |||
life. p.14</p> | |||
<p>34.<lb/> | |||
<del>The</del> Sensibility & thence<lb/> | |||
mischief, is encreased in<lb/> | |||
quantity<lb/> | |||
1. by degree of culture<lb/> | |||
in education.<lb/> | |||
2. by elevation in rank. p.14</p> | |||
<p>35<lb/> | |||
But è contra, by the<lb/> | |||
power & influence with<lb/> | |||
which rank is apt to be<lb/> | |||
attended; the sensibility<lb/> | |||
is in another way diminished:<lb/> | |||
power & influence<lb/> | |||
rendering a man <add>so much the</add> less dependant<lb/> | |||
on the <hi rend="underline">free</hi><lb/> | |||
good offices of others. p.14</p> | |||
<p>36.<lb/> | |||
Hence by rank the immediate<lb/> | |||
pain of humiliation<lb/> | |||
is perhaps encreased<lb/> | |||
but the remote mischief<lb/> | |||
resulting from loss of reputation,<lb/> | |||
good will, good<lb/> | |||
offices, diminished. p.15.</p> | |||
<p>37.<lb/> | |||
When rank is accompanied<lb/> | |||
by proportionate<lb/> | |||
opulence or by his migrating<lb/> | |||
to a country where<lb/> | |||
nothing else is known<lb/> | |||
of him, the mischief<lb/> | |||
of loss of reputation may<lb/> | |||
be diminished. p.15.</p> | |||
<p>38.<lb/> | |||
In this as in other<lb/> | |||
cases the quantity of<lb/> | |||
the mischief will depend<lb/> | |||
greatly on idiosyncracy. p.15.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
9 Sept. 1810, read.
Aº 177-? Written Aº 1809 Marginal contended
Penal Code Offences against Reputation
24.
In what diminished
1. The nature and degree
of the imputation are fixed
and cannot, as in the other
case be deteriorated or
or amplified.
2. The imputation being
fixt presents a fix basis
for defence. p.10
25
Of Defamation the mischief
is encreased,
1. by being printed. p.10
26.
For, in writing the imputation
is as fixt as
in print –
and the diffusion is less
extensive. p.11.
27
2. – in verse.
28.
For, it is easier to
remember & communicate. p.11
29.
3. Embellished by wit,
in which case it is
called satire. p.11.
30.
For by with the impression
is strengthened.
The pleasures produced
by wit viz pleasure of
surprize and pleasure
of sympathy, derived from
the contemplation of ingenuity
the imputation is
rendered easier to remember
and communicate
and by sympathy
for the author, antipathy
as towards object of the
satire is produced.
The moral demerit
will be as literary merit. p.12.
31.
4. Set to music constituting
a ballad. p.13.
---page break---
32.
For thus further encrease
is given to the pleasure
produced and the facility
of remembrance and communication. p.13.
33.
What sort of imputation
shall be most mischievous
to an individual depends
on his or her condition in
life. p.14
34.
The Sensibility & thence
mischief, is encreased in
quantity
1. by degree of culture
in education.
2. by elevation in rank. p.14
35
But è contra, by the
power & influence with
which rank is apt to be
attended; the sensibility
is in another way diminished:
power & influence
rendering a man so much the less dependant
on the free
good offices of others. p.14
36.
Hence by rank the immediate
pain of humiliation
is perhaps encreased
but the remote mischief
resulting from loss of reputation,
good will, good
offices, diminished. p.15.
37.
When rank is accompanied
by proportionate
opulence or by his migrating
to a country where
nothing else is known
of him, the mischief
of loss of reputation may
be diminished. p.15.
38.
In this as in other
cases the quantity of
the mischief will depend
greatly on idiosyncracy. p.15.
Identifier: | JB/064/105/001"JB/" can not be assigned to a declared number type with value 64. |
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1809 |
24-38 |
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064 |
Penal Code |
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105 |
Penal Code Offences against Reputation |
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001 |
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Marginal summary sheet |
1 |
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recto |
D2 / E2 |
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TH 1806 |
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Andre Morellet |
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1806 |
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[[notes_public::"Ao 177[ ]? Written Ao 1809 Marginal-contented" [note in Bentham's hand]]] |
20459 |
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