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C
[(G) Not true] Or untrue. See Tit. [Defamation] verbo [true] To p. 23. at top
Main Text.
From p. 23. No 1.
What Falshoods are not punishable Falshood is either mischiev innocent or mischievous.
Innocent falshoods may be 1. simply innocent:
or 2. meritorious. Meritorious are those which upon the whole are beneficial. Innocent and meritorious falshoods
are not the objects of punishment. No more are even mischievous
falshoods when not blameable.
Rash or heedless falshood, what Mischievous falshoods when blameable is are either rash + + or heedless or wilful: and that as well with respect to the reality of the fact, as the mischievousness of the untruth.
It is rash with respect to the reality of the fact when the man did not take case is such that a
into contemplation the fact man person of ordinary prudence if prompted by an ordinary
share of benevolence would have been likely to
have employ'd (and therefore that the person in question
ought to have employ'd such and so much attention
and reflection to the appearances nature and
circumstances of the case as would have proved
sufficient to induce in him a persuasion that the
supposed fact was not true. and that the consequences In the same manner it may
of to be taken for true as would be its being understood in what case falshood is rash with respect to the mischievousness of the untruth.
Wilful falshood Falshood wilful with respect to the mischievousness reality
of the fact Wilful falshood is where a the man believes
the fact he in question not to be not true. It is wilful with
respect to the mischievousness of the untruth where he believes that the consequences
of the untruth will be mischievous upon the whole.
So long as it is wilful with respect to the reality of the fact, it
matters little whether it be wilful or only rash with regard to the
mischievousness of the untruths.
For what belongs to the Punishment of Simple
Falshoods, see Tit. Of Falshoods in general. To p. 14. No 2
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Identifier: | JB/071/077/004"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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077 |
of simple falshoods |
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004 |
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text sheet |
4 |
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recto |
f5 / f6 / f7 / f8 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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23480 |
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