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< | <head>LIBEL</head> | ||
<p>In the first place what is a Libel - to postpone the consideration of what ought<lb/> | <p>In the first place what is a Libel - to postpone the consideration of what ought<lb/> | ||
be reported one, till after | be reported one, till after this necessary question be determined.<note>Part of the confusion | ||
that surrounds me on every side | that surrounds me on every side | ||
I am almost disposed to envy | I am almost disposed to envy | ||
the <add><unclear>uncommon</unclear></add | the <add><unclear>uncommon</unclear></add> <gap/> of judgement of those | ||
good Souls, who find a ready | good Souls, who find a ready | ||
solution for every difficulty in | solution for every difficulty in | ||
the infallible integrity of a Jury | the infallible integrity of a Jury | ||
or the corruption of a Judge< | or the corruption of a Judge</note></p> | ||
<p>I will give <del> | |||
< | <p>I will give <del>then</del> <add>my</add> definition of a Libel deduced from the <unclear>decisions</unclear> on that <unclear>head</unclear><lb/> which I will submit to the Reader & <add>who will</add> have them judge for himself how far they<lb/> justify it.</p> | ||
by signs, utter'd in disapprobation of the conduct of | |||
<p>A Libel then is an Idea or Ideas, expressed by written or printed words or<lb/> | |||
by signs, <sic>utter'd</sic> in disapprobation of the conduct of person in a private<lb/> | |||
or public capacity, or in short such as a person would not like to have<lb/> | or public capacity, or in short such as a person would not like to have<lb/> | ||
utter'd of him, or in short such as the Jury who try the case would not<lb/> | <sic>utter'd</sic> of him, or in short such as the Jury who try the case would not<lb/> | ||
like to have <del>said</del> utter'd of them or the <del>Judge</del> Judges of the Court if the <add>Jury</add><lb/> | like to have <del>said</del> <sic>utter'd</sic> of them or the <del>Judge</del> Judges of the Court if the <add>Jury</add><lb/> | ||
think proper to submit to their determination.<lb/> | think proper to submit to their determination.<lb/> | ||
<note>Every decision of a Jury or a | <note>Every decision of a Jury or a | ||
Judge must be an act of particular | Judge must be an act of particular <add>or <gap/></add> Legislation or arbitrary there is no end | ||
& guided by no rule.</note></p> | |||
<p>To expressions of this sort, whose <unclear>proximity</unclear> perhaps would in no two <gap/> be agreed <add>on</add><lb/> | |||
Let me adhere merely for the sake of brevity to the <unclear>first</unclear> expression. I must pitch upon one at hazard for the sake of brevity<lb/> | |||
abide by <note><unclear>recite</unclear> Hardress 470</note></p> | |||
<p><note>I cannot dissemble but that it | |||
grieves me [to the Heart] that I | |||
see that Law lie in <unclear>ruins</unclear>: & | |||
that in it neither can the governors | |||
find any <del>security</del> <add>protection</add> against | |||
the injuries of the most atrocious | |||
calumny; nor the government any | |||
security for their Liberties: I do | |||
believe them to be secure, but it | |||
is not from <sic>it's</sic> observance, but from its violation</note> | |||
If any body does not like this <gap/> let him say why he does not — if any body<lb/> | |||
does like it let him say why he does — What expression in the paper let the<lb/> | |||
last say <del>altho contains the <unclear>extra</unclear>?</del> <add>is criminal</add> how does it differ from others <del>that</del> are not a<lb/> | |||
What alteration let the first say <del><gap/></del> the paper would have made it <del><gap/></del> <add>criminal</add><lb/> | |||
<del>which</del> <add>from</add> <unclear>incorrect</unclear> as it is at present — wherein <add>in what <gap/> let each say </add>consists the criminality of this <add>expression</add><lb/> | |||
actual in the one case <unclear>substituted</unclear> in the other <note>by the presence of which we | |||
may <gap/> in this case, of any | |||
others that it is criminal, or by | |||
the <gap/> that it is incorrect?</note>, & what is it that that <unclear>distinguishes</unclear><lb/> | |||
it from such as are not so? by what marks is an expression to be <gap/><lb/> | |||
to be parallel to it in any future case — <add>or</add> what can be the <add>respect can it be of use <add>to</add></add><lb/> | |||
preserve this decision? in what part of it by what means can it be <add>made</add> a <unclear>rule</unclear><lb/> | |||
for others? | |||
<note>the answer will come to one of those | |||
two</note></p> | |||
<head>LIBEL</head> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
LIBEL
In the first place what is a Libel - to postpone the consideration of what ought
be reported one, till after this necessary question be determined.Part of the confusion
that surrounds me on every side
I am almost disposed to envy
the uncommon of judgement of those
good Souls, who find a ready
solution for every difficulty in
the infallible integrity of a Jury
or the corruption of a Judge
I will give then my definition of a Libel deduced from the decisions on that head
which I will submit to the Reader & who will have them judge for himself how far they
justify it.
A Libel then is an Idea or Ideas, expressed by written or printed words or
by signs, utter'd in disapprobation of the conduct of person in a private
or public capacity, or in short such as a person would not like to have
utter'd of him, or in short such as the Jury who try the case would not
like to have said utter'd of them or the Judge Judges of the Court if the Jury
think proper to submit to their determination.
Every decision of a Jury or a
Judge must be an act of particular or Legislation or arbitrary there is no end
& guided by no rule.
To expressions of this sort, whose proximity perhaps would in no two be agreed on
Let me adhere merely for the sake of brevity to the first expression. I must pitch upon one at hazard for the sake of brevity
abide by recite Hardress 470
I cannot dissemble but that it
grieves me [to the Heart] that I
see that Law lie in ruins: &
that in it neither can the governors
find any security protection against
the injuries of the most atrocious
calumny; nor the government any
security for their Liberties: I do
believe them to be secure, but it
is not from it's observance, but from its violation
If any body does not like this let him say why he does not — if any body
does like it let him say why he does — What expression in the paper let the
last say altho contains the extra? is criminal how does it differ from others that are not a
What alteration let the first say the paper would have made it criminal
which from incorrect as it is at present — wherein in what let each say consists the criminality of this expression
actual in the one case substituted in the other by the presence of which we
may in this case, of any
others that it is criminal, or by
the that it is incorrect?, & what is it that that distinguishes
it from such as are not so? by what marks is an expression to be
to be parallel to it in any future case — or what can be the respect can it be of use <add>to</add>
preserve this decision? in what part of it by what means can it be made a rule
for others?
the answer will come to one of those
two
LIBEL
Identifier: | JB/070/174/002"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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174 |
libel |
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002 |
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text sheet |
2 |
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recto |
c1 / |
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jeremy bentham |
[[watermarks::[gr motif] [britannia with crown motif]]] |
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23289 |
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