Criticism
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
is the art of examining and judging of the character of an intellectual work; usually of writings or books; when the criti cism is reduced to writing, the wri- Liberty of criticism must be allowed, or there would be neither purity of taste nor of morals. Fair discussion is essentially necessary to the truth of history and advancement of science. That publication therefore is not a libel which has for its object not to injure the reputation of an individual, but to correct misrepresentations of facts, to refute sophistical reasoning, to expos¢ a vicious taste for literature, or to censure what is hostile to morality.
1 Campb. Rep. 351, 2.
As every man who publishes a book commits himself to the judgment of the public, any one may comment on his performance. I, the commentator does not step aside from the work, or introduce fiction for the purpose of condemnation, he exercises a fair and legitimate right. And the critic does a great service to the public who writes down any vapid or useless publication, such as ought never to have appeared; and, although the author may suffer a loss from it, the law does not consider such loss an injury; because it is a loss which the party ought to sustain. It is the loss of fame and profit to which he was never entitled.
1 Campb. Rep. 358,n. See1 Esp. N. P. Cas. 28.