JB/064/118/001

Click Here To Edit

Written Aº 177 ? 1809 Marginal – contented
Wrongful Defamation.

§. 3. Punishment.

1.
1. As for simple Falsehood
(Se do): at option
more or less public at
discretion.
2. Self humiliation
(or pardon betting) at
option: mode & degree
of self-humiliation &
publicity at discretion. 3. Reprimand at option
or form & degree of publicity
at discretion.
4. Fine at option &
discretion. p.14

Power to remitt punishment,
Costs on both sides at option
and discretion. p.15.

2.
Exposition.
Enormity of the offence,
how measured,
circumstances to be taken
into account in the estimation
of it.
1. Dimensions of General
damage, if general as
above.
2. If special relative
importance of the good
opinion & good will.
3. Opportunity of defence
more or less favourable.
☞ Quere others.

---page break---

§. 4. Aggravations – with
correspondent Extra Punishmts.

1.
Aggravn I. Intention of Special
damage. p.16.

2.
Extra-punishment in
failure of adequate satisfaction,
retaliation of the
damage. p.16.

3
Exposition.
(a) (Special Damage) see
above (Reputation) Art. p.16.

4.
(b) (Retaliation) suffering
same as produced or
endeavoured to be produced.
See Irrespble: corporal
Injuries, and Unlawful
Confinement, voce Retaliation.
☞ NB In this case
the defamation is an
indirect mode of producing
the injury. p.16.

5
Aggravn II. Artifice.
Exposition. Example.
1. Friendship professed
2. Forgery in relation to
real evidence, to make the
imputation appear true. p.16.

6
Aggravation III.
Confederacy, combination,
conspiracy, or multitude of Co-offenders.
Extra-punishment
characteristic penance.
viz Conspirators Yoke, at option
and discretion. p.17.

7.
Aggravations. IV.
Superiority of party injured
(in natural domestic
relationship.) (See
simp: Corp: Injuries.) p.17.

---page break---

§. 5. Extenuations: with
correspondent Infrà Punishment

1
V. Extenuations.
1. Intention innocent and
pure of blame grounds
of belief probable. p.17.

2.
Abatement or Infra
punishment.
1. Pardon begging as above
nothing more.
2. Costs on each side at
discretion. p.17.

3
Exposition
Probability of the ground,
how measured.
1. Defamer the first author,
probability of the imputation. p.17.

4
2. Defamer a reporter,
1. probability as above.
2. trustworthiness of the
next preceding relator. p.18.

5
2. The Force of this extenuation
is inversely reversely as
the confidence of the
averment. p.18.

6
3. The Propagator of a
Report is primâ facie
to be presumed the
author. p.18.

7.
4. A reporter is the author
in respect of every
material addition, omission,
and substitution. p.18.

8.
5. So, as to an addition
to the intensity of averment. p.18.

9.
II. Intention benevolent
1. as to party defamed
2. as to any other. p.19.

10.
Exposition
(party defamed) – Examples
1. for reproof & reformation

11
(Other person) Example to
put him on his guard from
injury from the party
defamed. p.19.

---page break---

§. 5. Extenuations: with
correspondent Infrà Punishment

12
Abatement or Infra
punishment as for Intention
innocent.

13.
III. Intention innocent
but accompanied with
temerity.

13(a)
Temerity the distinction
between that and
inculpative consciousness
runs throughout
all offences. Reasons
for it.

14
Abatement of infra
at option and discretion.

15
IV. Intoxication. V. Compulsion,
VI. Deference
to authority. VII. Provocation.
See (Simple
corp: Injuries.)

Identifier: | JB/064/118/001"JB/" can not be assigned to a declared number type with value 64.
Date_1	1809	Marginal Summary Numbering	1-2, 1-6, 1-15
Box	064	Main Headings	Penal Code
Folio number	118	Info in main headings field	Wrongful Defamation
Image	001	Titles
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D3
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	20472
Box Contents