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9 Sept. 1810. Read.
Aº 177- Written Aº 1809 Marginal contended
Penal Code Offences against Reputation
1
Opposite Dangers to be guarded
against –
1. Leaving reputation
unprotected.
2. – weakening the moral
sanction. p.1.
2.
Closely connected with
Defamation is Vituperation
– Syn. Vilification Revilement,
Reproach: generality
makes the difference. p.2.
3.
Vituperation is most distinct
from Defamation
when aversion or contempt
is indicated without the
cause. Examples, Scoundrel &c. p.2.
4.
Defamation is most
distinct from Vituperation
when the disreputable
act is imputed, but,
without any expression
of aversion or contempt. p.2.
5.
Defamation is more
circumstantial. p.2.
6
Reproach is more concise
– omitting persons, places,
times, &c. p.3.
7.
Defamation is the most apt
to be susceptible of proof.
Ex. gr. lyar, drunkard,
& glutton more defamatory:
miser, misanthrope,
hypocrite more vituperative. p.3.
8
Defamation in absence is
worse than in presence. p.3.
9.
Reasons –
1. Presence Presence gives a man the
opportunity of defending
himself: which by the supposition
he will do with
the advantage, which truth
gives over falshood: his
deportment will afford presumption
of innocence. In in
his absence, the imputation
has time to spread with
additions and for want of timely
contradiction may become
indelible. p.4.
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10
Admitted that presence
produces encreased danger of
quarrel: but if so
1. If no outrage, the present
pain is the only mischief.
2. If outrage separate satisfaction
and punishment
is due.
3. In case of moderate
retaliation on the spot,
this retaliation is satisfaction.
4. – if excessive, the
satisfaction is unpunishable
pro tanto, punishable
only for the excess. p.5.
11.
Vituperation is worse in
presence than in absence. p.6.
12.
Reasons –
1. In presence it is more
apt than defamation to
produce quarrel.
2. No specific imputation
being conveyed there is
none to wipe off as in defamation.
3. In absence expressing
nothing but the vituperator's
aversion or contempt,
without any cause assigned
reputation is little liable
to be hurt by it. p.6.
13.
Defamation more mischievous
before indifferent persons,
than before friends. p.7.
14
Reasons –
1. Friends will not be so
ready to credit it.
2. They will provisionally
defend him.
3. They will give him
notice to defend himself.
4. Even crediting it, they
will not spread it. p.7.
15
– or enemies. p.7.
16.
Reasons.
1. These entertain already
the aversion or contempt
in the production of which
the mischief consists. p.7.
N.B. ☞
⊞ 17.
17
⊞ – more mischievous
when accompanied with
pretended friendship. p.9.
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18
Reasons
1. The more likely to gain
credence even with friends.
2. By exacting promises
of secresy, explanaation
and thus defence may
be thus prevented. p.8.
19.
N.B. Where the imputation
is true, exaction of secresy
may be the effect of timidity
or prudence: where
false, it indicates a corrupt
motive. p.8.
20
Defamation is more
mischievous the more distant
the party. p.8.
21.
Reasons –
It renders defence the more
difficult. p.8.
22.
Defamation in what
circumstances and why
the mischief is by writing
encreased. p.8.
1. The number of persons
to whose conceptions it is
likely to be conveyed is thus
encreased.
2. But the more interesting
the story, whether
from the quality of the
supposed agent, or the
nature of the supposed
act, the more diffused the
will the defamation be
when oral and the less
the additional diffusion,
it will receive from
writing.
If by its interestingness
it is conveyed through
oral to all a man has
to deal with, it then can
receive no further addition
from writing. p.8.
23
The degree of additional
publicity receivable from
writing will vary with
the state with the state
of the country: viz. in
respect of the proportional
number of readers. p.9.
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Identifier: | JB/064/104/001"JB/" can not be assigned to a declared number type with value 64. |
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1809 |
1-23 |
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064 |
Penal Code |
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104 |
Penal Code Offences against Reputation |
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001 |
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Marginal summary sheet |
1 |
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recto |
D1 / E1 |
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[[notes_public::"Ao 177[ ]? Written Ao 1809 Marginal-contented" [note in Bentham's hand]]] |
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