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9 Sept. 1810 Looked over
Written Aº 177-? Marginal - contented Aº 1809
Offences against Reputation. Miscellanea
Truth, why a justification
Object of his malice, no
matter whether the party
defamed or a person or
class connected with him.
Party sought to be benefited
by the defamation
no matter whether the
defamer or a person or
class connected with
him. p.2.
2.
Form of submission
or self-humiliation proposed. p.3
3.
Judge to exhort Defendant
to confess his consciousness
of the groundlessness
of the imputation
as being the last and only
compleat atonement. p.3.
Reasons
Why the truth of the
notion is admitted as a
justification
1. To many sorts of acts moral
the only sanction applicable. p.3.
2. Religious, not so generall
impressive.
3. Cases on which the
moral is more particularly
needful.
I. Act not mischievous
enough for legal punishment,
unless by
unprovable repetitions.
II. Description too vague:
– circumstances the concurrence
of which is
necessary to crimination,
too numerous to be proved.
III. No sufficient punishment
provided.
IV. Law rendered unexecutible
by exclusions affect put
upon evidence, or by other difficulties
of procedure. p.4.
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V. Prosecution prevented
1. by death or other
or other physical as sickness &c.
VI. 2. by phsychological as
shame, compassion, fear &c.
VII. by expence of suit.
VIII. Defendant exenpted
by power of popularity.
4 Moral sanction is
necessary as supplementarily
to legal.
5. – & as a check. p.4.
6. – and as an aid;
Ex. gr. Defamation being
spread, defamatees, thinking
it unproveable,
prosecutes Demfamator: who
thereupon proves it.
7. Thus revenge does
the service of reward
without the expence.
8. Foolish to trust to a
rarely prevalent motive
viz. public spirit, to the
exclusion of a universally
prevalent do viz
revenge.
Reasons.
9. Objection. This encourages
men to disturb
one anothers peace.
Answer. – No otherwise than
as execution of the law
does – and by means
the same or milder.
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III Instructions to Judge
In ascribing literary
merits to a libel, take
care that by the reputation
thus conferred no
real encouragement
be afforded. Confer the
esteem to future contingent
publications from
the same source.
Procedure.
1.
Choice of six disreputable
qualities to be
specified in the accusation.
2
Consequence of not
having specified the
qualities in proof.
Reasons why in the
instrument of accusation
six charges may
be contained –
indeterminateness
of the import of moral
qualities. – Confined to
one, the plaintiff might
lose his cause; though,
even in the opinion
of the Judge, the accusation
were well founded:
an imputation
having been case, though
not precisely the one
conveyed by the denomination
pitched on by
the plaintiff.
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Identifier: | JB/064/113/001"JB/" can not be assigned to a declared number type with value 64. |
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1809 |
[[marginal_summary_numbering::[1]-3, 1-3]] |
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064 |
Penal Code |
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113 |
Offences against Reputation - Miscellanea |
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001 |
Trusts, why a justification |
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Marginal summary sheet |
1 |
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recto |
D1 |
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[[notes_public::"Written Ao 177[ ]? Marginal-contented Ao 1809" [note in Bentham's hand]]] |
20467 |
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