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22. C
Of Semi-public Offences in General.
particular part of a particular state can be beaten or imprisoned or robbed at
once; even if they were, as it might be known the instant the offence was
committed, who they were that had been sufferers, it would not be an Offence
against the Class as such, but so many Offences against so many
individuals. But nothing can more easily happen than that all the
members of any corporation, or sect, or political state should be defamed
or vilified at once. So also may all the members of a particular profession
or trade indiscriminately be prejudiced in their professional
or commercial capacity; for instance by any such practices of a person
of the same profession or trade as are calculated to give him an
unfair advantage over his fellows.
Treatment which in such cases ought to be given them. In these cases the immediate object of the offence is the class
itself: but the special damage, if there is any, falls upon individuals.
Where there is no special damage therefore, the Offender can only be
punished criminally in behalf of the class at large: where there is special
damage he may be punished civilly as well as criminally
in behalf as well of the class as of the particular individuals damnified.
Thus if a man spread a calumnious report of the Jews for instance,
and no particular damage can be proved to have happened,
in consequence of the report, to any particular person of that persuasion Jew, the Offender can
only be punished criminally as for defaming the Jewish Sect; but
if in consequence of the defamation a mob rises and ill treats the persons
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Identifier: | JB/071/133/002"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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133 |
of semi-public offences in general |
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002 |
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copy/fair copy sheet |
4 |
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recto |
/ f22 / f23 / |
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[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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23536 |
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