JB/064/115/001

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Written Aº 177-? 1809 Marginal Contented
Wrongful Defamation

§. 1. Definition.

23.
Of Disreputable qualities
eight classes (from Hume).
1. immediately mischievous
to others.
2. – absence of do useful
to do.
3. immediately disagreable
to others.
4. absence of do agreable
to do.
5. 6. 7. 8. so to a mans
self. p.9.

23(a)
Agreable refer to present
pleasure; useful to
future pleasure or exemption
from pain.
Mischievous and disagreable
differ also in
degree. See Introduc.
Ch. 7. Actions. p.9.

24
How to catalogue them
compleatly.
Ransack the Dictionary.
For a specimen see
the annext Table of
disreputable and (reputable!)
qualities. p.9.

24(a)
These classes run unavoidably
one into another:
Cause, intimacy of connection.
1. between agreable and
useful.
2. between one man's
interest and those of
others. p.10.

25
Evils produced by
Defamation.
1. Loss of Character.
2. Pain of Humiliation,
viz apprehension of
loss of character. p.10.

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§. 1. Definition.

26.
Damage general and
Special attending a loss of
character.

Examples of special
1. Loss of office, viz by loss
of goodwill of the patron,
2. of customers in
trade –
3. of marriage –
4. of passage on board a
ship. p.11.

27.
General Damage
its dimensions, intensity,
– duration and
extent. p.11.

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§. 2. Justifications.

1
1. Justifications
1. the imputation true. p.12.

2.
Exception irregularities
of the sexual
appetite unless
after conviction.
(Eight enumerated)
1. Adultery 2. Fornication,
3. Seduction,
4. Incest,
5. Incestuous seduction,
6. Abortion,
7. Sex same,
8. Species different. p.12.

3
2. Onus probandi on
the defamer. p.12.

4
3. What justifies
defamation will not
of course justify
vituperation. p.13.
(See Ch. Vituperation)

5
Power to Judge to dismiss
complaint if the
imputation be slight
or though true unprovable.
Costs at option
or discretion. Instruction
to endeavour
at reconciliation. p.13

5(a)
(The Judge) Anglicé, on
Indictmt, Grand Jury; on
information the Court. p.13.

6.
Exposition
(aa) (True) Degree in
which an imputation
may be false. Example
Parricide.
1. in toto.
2. in the principal
matter
3. in Circumstance.
4. By suppression⊞ ⊞i.e. in respect of incompleatness, thence
fallacious upon the whole.

7
☞ Add Distinction
between mala fides and temerity
as diverse new justifications. p.4.

Identifier: | JB/064/115/001"JB/" can not be assigned to a declared number type with value 64.
Date_1	1809	Marginal Summary Numbering	23, 23a, 24, 24a, 25-27, 1-5, 5a, 6
Box	064	Main Headings	Penal Code
Folio number	115	Info in main headings field	Wrongful Defamation
Image	001	Titles
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D2
Penner		Watermarks
Marginals		Paper Producer
Corrections	Jeremy Bentham	Paper Produced in Year
Notes public	[[notes_public::"Written Ao 177[ ]? 1809 Marginal-contented" [note in Bentham's hand]]]	ID Number	20469
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