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Reputation and Defamation by Lawrence McNamara Pdf
The idea that the law of defamation protects people's reputation is axiomatic, yet there is no coherent legal definition of the concept of reputation. This book 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'.
Reputation and Defamation by Lawrence McNamara Pdf
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.
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.
Reputation, Celebrity and Defamation Law by David Rolph Pdf
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.
Defamation and Freedom of Speech by Dario Milo Pdf
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.
Freedom of Speech V Protection of Reputation by Jideofor Adibe Pdf
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].
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.
While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.
Defamation Law and Social Attitudes by Roy Baker Pdf
'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.
