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2 Libel
If no answer can be given to any of these questions, it is nugatory evident there can be no ground
to make the constan decision of the question "whether a paper is a libel or no" a
matter of Law competent to Judges rather than to a Jury; since neither can the Judges
here can devise in this case no advantage whatever from their knowledge of preadjudgedpast
nor any future Judges in any future case from the knowledge that in question of this;
If the Judges cannot tell why they this way rather than that, it will be difficult to say what advantage the subject can reap from a decision being [placed] in such hands rather than any other
the only grounds confessed of appropriating the decision of any question to
the Judges in preference rather than to a Jury. Every case being decided The decision in every case being upon no
assig principles must be particular — and fortuitous whether in the one or the
other hands; it is in every case a matter of & whether a man shall be acquitted acq
or condemned.
If the answers are to be given to these questions, they can be but of two sort
N.B. to determine "what entire" is more proper for the Jury than the Judge; because the malignity mischief of the label depends 26 solely upon 2 whether the fact such as they understand it in that 1xsense.
either that the expression which the one pitches upon in the proper and the
other assigns substitutes for argument' sake charges the defendt plt with a specific in
or it the more will can <add>will be deliver'd in any one of these expressions that some uppermost
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Identifier: | JB/070/175/001"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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175 |
libel |
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001 |
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text sheet |
1 |
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recto |
c2 |
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jeremy bentham |
[[watermarks::[gr motif] [britannia with crown motif]]] |
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23290 |
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