Criticism

The art of judging skilfully of the merits or beauties, defects or faults, of a literary or scientific composition, or of a production of art. When the criticism is reduced to writing, the writing itself is called a criticism. 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 the advancement of literature and 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 expose a vicious taste for literature, or to censure that which is hostile to morality; 1 Campb. 351. As every man who publishes a book commits himself to the judgment of the public, any one may comment on his performance; if he does not step aside from the work, or introduce fiction for the purpose of condemnation, he exercises a fair and legitimate right. The critic does a good service to the public who writes down any such vapid or useless publication as should never 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. 358, n.

See 1 Esp. 28; Stark. Lib. and Sl. 228; 4 Bingh. N. S. 92; 3 Scott 340; 1 Mood. & M. 74, 187; Cooke, Def. 52; 20 Q. B. D. 275.

See Libel; Slander.