Defamation Law And Social Attitudes

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Defamation Law And Social Attitudes

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Author : Roy Baker
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-01-01

Defamation Law And Social Attitudes written by Roy Baker and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.

'Because the law of defamation is about reputation and thus necessarily about community and social attitudes, Baker's serious empirical analysis of just those community and social attitudes about defamation and about reputation is a novel and important contribution to the literature on libel and slander. It will be a useful corrective to the various empirically unsupported assertions that dominate the court cases and the academic literature on the topic.' Frederick Schauer, University of Virginia, US 'This book shines a welcome light on a neglected area of defamation law: how juries and judges determine what it means to say a statement is defamatory. The author employs well-designed empirical research to provide concrete answers, and the reform he proposes is sensible and workable. The book should be must-reading for anyone who seeks to understand how the law does or does not protect reputation especially lawyers and judges who try libel cases.' David A. Anderson, University of Texas Law School, US 'When defamation jurors decide whether a statement about someone is "defamatory", the question for them to answer is whether it would generate disapproval among "ordinary reasonable people". It has generally been assumed that they answer this question correctly. What Roy Baker discovered through empirical research is that this assumption may often be wrong. This fascinating and important book sets out his findings, alongside a broad-ranging and perceptive analysis of the law's approach to defining "defamatory".' Michael Chesterman, The University of New South Wales, Australia 'This refreshingly original work is an essential addition to the libraries of all defamation aficionados. Through empirical evidence, including interviews with judges and practitioners, and surveys of the general public, Dr Baker convincingly demonstrates the human propensity to overestimate the negative effect that defamatory imputations may have on other people ("the third person effect"). The conventional "ordinary reasonable person" test becomes in practice an "ordinary unreasonable person" test, regrettably lowering the defamation threshold and further curtailing freedom of communication.' Michael Gillooly, The University of Western Australia The common law determines whether a publication is defamatory by considering how 'ordinary reasonable people' would respond to it. But how does the law work in practice? Who are these 'ordinary reasonable people' and what do they think? This book examines the psychology behind how judges, juries and lawyers decide what is defamatory. Drawing on a thorough examination of case law, as well as extensive empirical research, including surveys involving over 4,000 members of the general public, interviews with judges and legal practitioners and focus groups representing various sections of the community, this book concludes that the law reflects fundamental misperceptions about what people think and how they are influenced by the media. The result is that the law tends to operate so as to unfairly disadvantage publishers, thus contributing to defamation law's infamous 'chilling effect' on free speech. This unique and controversial book will appeal to judges, defamation law practitioners and scholars in various common law jurisdictions, media outlets, academics engaged in researching and teaching torts and media law, as well as those working within the disciplines of media or communications studies and psychology. Anyone concerned with the law's interaction with public opinion, as well as how people interpret the media will find much to interest them in this fascinating study.

Landmark Cases In Defamation Law

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Author : David Rolph
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-08-22

Landmark Cases In Defamation Law written by David Rolph and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-22 with Law categories.

Landmark Cases in Defamation Law is a diverse and engaging edited collection that brings together eminent scholars from the United Kingdom, the United States, Australia, Canada and New Zealand to analyse cases of enduring significance to defamation law. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. Given the formative influence of English defamation law in the United States, Australia, Canada and New Zealand, the focus is predominantly on English cases, although decisions of the United States and Australia are also included in the collection. The authors all naturally share a common interest in defamation law but bring different expertise and emphasis to their respective chapters. Among the authors are specialists in tort law, legal history and internet law. The cases selected cover all aspects of defamation law, including defamatory capacity and meaning; practice and procedure; defences; and remedies.

Reputation Celebrity And Defamation Law

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Author : David Rolph
language : en
Publisher: Routledge
Release Date : 2016-04-08

Reputation Celebrity And Defamation Law written by David Rolph and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Law categories.

Taking Robert Post's seminal article 'The Social Foundations of Reputation and the Constitution' as a starting point, this volume examines how the concept of reputation changes to reflect social, political, economic, cultural and technological developments. It suggests that the value of a good reputation is not immutable and analyzes the history and doctrines of defamation law in the US and the UK. A selection of Australian case studies illustrates different concepts of defamation law and offers insights into their specific nature. Drawing on approaches to celebrity in media and cultural studies, the author conceptualizes reputation as a media construct and explains how reputation as celebrity is of great contemporary relevance at this point in the history of defamation law.

Diverse Voices In Tort Law

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Author : Kirsty Horsey
language : en
Publisher: Policy Press
Release Date : 2024-03-26

Diverse Voices In Tort Law written by Kirsty Horsey and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-26 with Law categories.

Integrating marginalised perspectives into the curriculum and discourse, this indispensable textbook amplifies under-represented voices in the field and paves the way for a more inclusive and comprehensive understanding of tort law.

Religious Offence And Human Rights

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Author : Lorenz Langer
language : en
Publisher: Cambridge University Press
Release Date : 2014-07-10

Religious Offence And Human Rights written by Lorenz Langer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-10 with Law categories.

Should offence to religions be punishable by law, or does freedom of expression extend even to blasphemy? This book examines this question.

Defamation Law 1e

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Author :
language : en
Publisher:
Release Date : 2015

Defamation Law 1e written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.

Reputation And Defamation

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Author : Lawrence McNamara
language : en
Publisher: OUP Oxford
Release Date : 2007-12-13

Reputation And Defamation written by Lawrence McNamara and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-13 with Law categories.

The proposition that the tort of defamation protects reputation has long been axiomatic in the law. The axiom's endurance is surprising: it has long been observed that the law is riddled with inconsistencies and, moreover, the courts and the scholarly literature have rarely discussed exactly what reputation is and how judgments about reputation are made. Reputation and Defamation develops a theory of reputation and uses it to analyse, evaluate and propose a revision of the law. It is the first book to present a comprehensive study of what reputation is, how it functions, and how it is and should be protected under the law. Reputation, it argues, is best understood in terms of the moral judgments a community makes about its members. Viewed in this way it becomes apparent, contrary to the legal orthodoxy, that defamation law did not really aim and function to protect reputation until the early nineteenth century. Unfortunately, the modern common law has not paid sufficient attention to either the nature of reputation or the historical relationship between reputation and defamation. Consequently, the tests for what is defamatory do not always protect reputation adequately or appropriately. The 'shun and avoid' and 'ridicule' tests have developed so that a publication may be actionable even where it does not tend to prompt a negative moral judgment of the plaintiff. These tests should be discarded. The principal 'lowering the estimation' test, however, is for the most part appropriately geared to the protection of reputation. Importantly, the scope of legal protection has been limited. Words will only be actionable if they tend to make 'right-thinking' people think the less of the plaintiff. The values of Christian tradition and Victorian moralism which became embedded in the concept of 'the right-thinking person' are problematic in the current era of moral diversity. A revised legal framework is proposed. It retains the principal test but re-thinks how and why different criteria for moral judgment should - or should not - be recognised when courts determine whether an attack on reputation will be actionable as defamation. It is argued that 'the right-thinking person' should be associated with an inclusive liberal premise of equal moral worth and a shared commitment to moral diversity. The proposed framework demands that when courts recognise values at odds with that premise then such recognition must be justified on sound and expressly stated ethical grounds. That demand serves to protect reputation appropriately and effectively in an age of moral diversity.

The Language Of Defamation Cases

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Author : Roger W. Shuy
language : en
Publisher: Oxford University Press
Release Date : 2010-01-28

The Language Of Defamation Cases written by Roger W. Shuy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-28 with Law categories.

Slander and libel cases are largely about how one party uses language in ways that are claimed to defame one another. Linguistic expertise can be central to the case. In The Language of Defamation Cases, Roger W. Shuy describes eleven representative lawsuits--involving newspapers, television stations, religious leaders, physicians, teachers, entertainers, unions, insurance companies, and manufacturers--for which he served as a consultant. Shuy's linguistic analysis illustrates how grammatical referencing, speech acts, discourse structure, framing, conveyed meaning, intentionality, and malicious language affected the outcome of these cases. The Language of Defamation Cases shows how linguistics can be used to help resolve libel and slander cases. It will appeal to students and scholars of applied linguistics and forensic linguistics.

Researching Hate As An Activist

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Author : Rachel Keighley
language : en
Publisher: Springer Nature
Release Date :

Researching Hate As An Activist written by Rachel Keighley and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.

Elgar Encyclopedia Of Law And Data Science

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Author : Comandé, Giovanni
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-02-18

Elgar Encyclopedia Of Law And Data Science written by Comandé, Giovanni and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-18 with Law categories.

This Encyclopedia brings together jurists, computer scientists, and data analysts to map the emerging field of data science and law for the first time, uncovering the challenges, opportunities, and fault lines that arise as these groups are increasingly thrown together by expanding attempts to regulate and adapt to a data-driven world. It explains the concepts and tools at the crossroads of the many disciplines involved in data science and law, bridging scientific and applied domains. Entries span algorithmic fairness, consent, data protection, ethics, healthcare, machine learning, patents, surveillance, transparency and vulnerability.