Download or read book Reputation and Defamation written by Lawrence McNamara and published by . This book was released on 2007 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawrence McNamara develops a new theory of reputation through a comparative analysis of how courts in England, the United States and other common law countries have responded to shifting attitudes towards moral values and developed new tests for what should count as 'defamatory'.
Download or read book Reputation and Defamation written by Lawrence McNamara and published by OUP Oxford. This book was released on 2007-12-13 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Reputation written by Kenneth H. Craik and published by Oxford University Press. This book was released on 2009 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that a network interpretation of reputation advances our understanding of an essential and inescapable feature of social life and integrates many of its' varied facets. Craik argues that reputation is not simply a topic for the study of social life. Rather, it holds the potential to sustain an interdisciplinary field of inquiry in its own right.
Download or read book The Law of Defamation written by Laurence Howard Eldredge and published by Bobbs-Merrill. This book was released on 1978 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Practice and Remedies Code written by Texas and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defamation and Freedom of Speech written by Dario Milo and published by Oxford University Press, USA. This book was released on 2008-02-14 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.
Download or read book Modern Defamation Law written by David Capper and published by . This book was released on 2013 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Protection of Personal and Commercial Reputation written by Robert M. Kunstadt and published by Wiley-VCH. This book was released on 1980 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reputation Celebrity and Defamation Law written by David Rolph and published by Routledge. This book was released on 2016-04-08 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Legal Protection of Reputation and the Tests for what is Defamatory written by Lawrence McNamara and published by . This book was released on 2005 with total page 1052 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defamation Law and Social Attitudes written by Roy Baker and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.
Download or read book Reputation Matters written by Tracey Walker and published by CCH New Zealand Limited. This book was released on 2013-07-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reputation matters more than ever in our connected global economy. Intangible but invaluable, a good reputation has the capacity to enhance business and competitive advantage. Conversely, reputation damage can negatively impact earnings, profitability, market share and recruitment and retention. Reputation risk management is, therefore, a concern that every business needs to prioritise. Written by Tracey Walker, partner of national law firm Simpson Grierson, this book is a practical guide for New Zealand lawyers in private practice, corporate counsel, communications managers and public relations practitioners. It explains legal issues relating to reputation management and protection, covers key aspects of the law and corporate communication, and provides tips on how to avoid communication pitfalls to minimise legal risk.
Download or read book The Future of Reputation written by Daniel J. Solove and published by Yale University Press. This book was released on 2007-01-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Teeming with chatrooms, online discussion groups, and blogs, the Internet offers previously unimagined opportunities for personal expression and communication. But there's a dark side to the story. A trail of information fragments about us is forever preserved on the Internet, instantly available in a Google search. A permanent chronicle of our private lives--often of dubious reliability and sometimes totally false--will follow us wherever we go, accessible to friends, strangers, dates, employers, neighbors, relatives, and anyone else who cares to look. This engrossing book, brimming with amazing examples of gossip, slander, and rumor on the Internet, explores the profound implications of the online collision between free speech and privacy. Daniel Solove, an authority on information privacy law, offers a fascinating account of how the Internet is transforming gossip, the way we shame others, and our ability to protect our own reputations. Focusing on blogs, Internet communities, cybermobs, and other current trends, he shows that, ironically, the unconstrained flow of information on the Internet may impede opportunities for self-development and freedom. Long-standing notions of privacy need review, the author contends: unless we establish a balance between privacy and free speech, we may discover that the freedom of the Internet makes us less free.
Download or read book Freedom of Speech V Protection of Reputation written by Jideofor Adibe and published by Adonis & Abbey Publishers. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, it is looked at how free speech interests are balanced against the need to protect reputation in American and English defamation laws. The premise of the study is that while freedom of the press is desirable and cherishable, it is important that the individual is recognized as the foundational block of human rights and the democratic process, who is entitled to his reputation as part of his human dignity. It means that cases in which the press uses public interest defence to attack reputations require close analyses to ensure that both the individual and the public good are equally protected. This study examined four cases in the U.S., New York Times v Sullivan, Curtis Publishing Co. v Butts -- Time Inc v Hill and Monitor Patriot v Roy. In the UK, the cases examined are Derbyshire County Council v Times Newspaper Ltd. and Others, Reynolds v Times Newspapers Ltd, and George Galloway v Telegraph Group Ltd.--[book cover].
Download or read book Amazon Law Library written by C. J. Rosenbaum and published by . This book was released on 2016-08-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis and summary of cases involving Amazon.com across the United States.
Download or read book Pharmacy Practice and Tort Law written by Fred Weissman and published by McGraw Hill Professional. This book was released on 2016-06-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only comprehensive tort law book featuring real-life federal cases for the practicing pharmacist As tort law and tort liability cases, both civil and administrative, continue to increase in the pharmacy practice, now more than ever, it is imperative for students and practitioners to understand the civil liability a pharmacist may face. Between intentional torts, negligence, vicarious liability, defamation, invasion of privacy, and more, practitioners and practitioners-to-be need to grasp the intricacies of the law in this landscape of increased litigation. Pharmacy Practice and Tort Law introduces students not only to the civil action cases related to pharmacy practice, but also provides explanation on how tort rules apply to the facts of a given case. Each type of civil action is described in detail, outlining the elements that must be proven for successful litigation, followed by detailed explanation of actual federal cases and their outcomes, illustrating how a case can be successful or unsuccessful.
Download or read book The Cost of Reputation written by Shafik Meghji and published by . This book was released on 2007 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt:
