The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence, Volumen15Butterworths, 1863 |
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Página 206
... malice , and make the writer liable . No peculiar immunity , however , is necessary for public writers in newspapers . They only claim the benefit of the same right of public discussion which is allowed to all . And such are the legal ...
... malice , and make the writer liable . No peculiar immunity , however , is necessary for public writers in newspapers . They only claim the benefit of the same right of public discussion which is allowed to all . And such are the legal ...
Página 212
... malice ) , this must be the result , for there must be some limit to the right of free discussion and the privilege of defa- mation in the exercise of it ; and that limit , in some form or other , must be with the jury ; and if 212 The ...
... malice ) , this must be the result , for there must be some limit to the right of free discussion and the privilege of defa- mation in the exercise of it ; and that limit , in some form or other , must be with the jury ; and if 212 The ...
Página 213
... malice , it must be on the question of fairness . And that is a question not of judgment or evidence , as is that of malice , on which the Court can correct any perverse or wrongful verdict of the jury ; but a question of mere arbitrary ...
... malice , it must be on the question of fairness . And that is a question not of judgment or evidence , as is that of malice , on which the Court can correct any perverse or wrongful verdict of the jury ; but a question of mere arbitrary ...
Página 214
... malice ; and thus an ample shield of protection is afforded to all who act fairly in order that men may not be deterred by the fear of action or prosecution for making communications which are either important to themselves or ...
... malice ; and thus an ample shield of protection is afforded to all who act fairly in order that men may not be deterred by the fear of action or prosecution for making communications which are either important to themselves or ...
Página 215
... malice , which the law draws from unauthorized communications , and affords a quali- fied defence , depending upon the absence of actual malice . If fairly warranted by any reasonable occasion or emergency , and honestly made , such ...
... malice , which the law draws from unauthorized communications , and affords a quali- fied defence , depending upon the absence of actual malice . If fairly warranted by any reasonable occasion or emergency , and honestly made , such ...
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advocate aged allowed appointed arise Articles of Confederation attorney authority barrister benchers cent character clerk committed common conduct Constitution convict counsel crime Declaration defamatory delegated doubt duty England evidence examination excuse fact fair subject federation fees free discussion honest exercise honestly honour immunity important imputations inference Inns of Court interest Joshua Jebb judge judicial jurisprudence jury labour learned letter libel Lincoln's Inn Lord Campbell Lord Chief Justice Lord Ellenborough Magistrate malice matter ment moral motive nation nature object observations occasion offences officer opinion Pandects particular party persons plaintiff police political practice present principle prison privilege profession prosecutions prosecutor protection public discussion public writer published Queen's Counsel question right of free right of public Roman law Savigny Savigny's scientific sessions Society Solicitor sovereign statutes ticket of leave tion total number trial Union whole
Pasajes populares
Página 337 - And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions which by the said confederation are submitted to them : And that the articles thereof shall be inviolably observed by the States we respectively represent, and that the union shall be perpetual.
Página 337 - And Whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union.
Página 196 - Society requires not only that the passions of individuals should be subjected, but that even in the mass and body, as well as in the individuals, the inclinations of men should frequently be thwarted, their will controlled, and their passions brought into subjection.
Página 337 - To all to whom these presents shall come, we the undersigned delegates of the states affixed to our names send greeting: WHEREAS the delegates of the United States of America...
Página 216 - In Byam v. Collins, 111 NY 143, it is said: 'A libelous communication is regarded as privileged, if made bona fide, upon any subject-matter in which the party communicating has an interest, or in reference to which he has a duty, if made to a person having a corresponding interest or duty...
Página 337 - Ye, that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of confederation and...
Página 338 - ... the transcendent law of nature and of nature's God, which declares that the safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed.
Página 137 - When Justinian ascended the throne, the reformation of the Roman jurisprudence was an arduous but indispensable task. In the space of ten centuries the infinite variety of laws and legal opinions had filled many thousand volumes, which no fortune could purchase and no capacity could digest. Books could not easily be found; and the judges, poor in the midst of riches, were reduced to the exercise of their illiterate discretion.
Página 131 - MACKENZIE. Studies in Roman Law. With Comparative Views of the Laws of France, England, and Scotland. By Lord MACKENZIE, one of the Judges of the Court of Session in Scotland.
Página 231 - A publication, without justification or lawful excuse, which is calculated to injure the reputation of another, by exposing him to hatred, contempt, or ridicule, is a libel.