2. De iniquitate et imustitia actionum iniuriarum

But these somewhat lofty speculations^[5673] had little impact on the practice of the law (particularly during the Restoration period). At any rate, they were unable to bolster the fortunes of the actio iniuriarum; for in the course of the 18th century legal opinion had started to swiii^A decisively against both the actio aestimatoria and delictual protection of fama and honour^[5674] in general.^[5675] One of the first influential voices was that of Justus Henning Boehmer, who published a dissertation in 1714 entitled, programmatically, De iniquitate et injustitia actionum injuriamm.

"actione injuriarum indoli Christianismi, legibus, divinis, regulis philosophiae, pcacceptis prudentiae, rectae rationi, ipsis philosophorum ethnicorum sententiis, praxi primitivae ecclesiae, ct denique toti sacrae scriptural adversari, omniaque arguments, quae pro illis excusandis adduci solent, esbe petita ex pseudopatientia et funesta persuasione vulgi."

It was, of course, no mere coincidence that this attack was launched by a great ecclesiastical lawyer, for it is indeed difficult to reconcile the image of the average plaintiff in a defamation suit with the Christian virtues of tolerantia and patientia; resist not evil, directs the Bible, and a smite on the cheek (no matter how much it hurts one's pride) should therefore elicit neither a counterattack-^[5677] nor any desire to humiliate or penalize the wrongdoer.

3.