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12 18. C
Offences against Reputation —
Procedure Instructions to Judge Form of -famed: and the acts 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- a confession of more of the falshood of this by him shall not be involved in it In choosing the appointing the form of words
in which a 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
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 true
and though to every body else it may appear false
2 Reasons. For this falshood may be committed: belief or disbelief not being in a man's power. The mischief lies not in his but The mischief consists His faults 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. 28 x To p. 3
If a man,
believing part to be true, avers that he believes it to be false
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
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 Of as as in those of a and in those of others:
as may suspect him so to be. it degrades him in his own. When he 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
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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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