Reputation and Defamation

Reputation and Defamation
Author: Lawrence McNamara
Publisher:
Total Pages: 254
Release: 2007
Genre: Libel and slander
ISBN: 9780191710858

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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'.

Reputation and Defamation

Reputation and Defamation
Author: Lawrence McNamara
Publisher: OUP Oxford
Total Pages: 288
Release: 2007-12-13
Genre: Law
ISBN: 0191566543

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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.

Reputation

Reputation
Author: Kenneth H. Craik
Publisher: Oxford University Press
Total Pages: 263
Release: 2009
Genre: Psychology
ISBN: 0195330927

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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.

The Law of Defamation

The Law of Defamation
Author: Laurence Howard Eldredge
Publisher: Bobbs-Merrill
Total Pages: 746
Release: 1978
Genre: Law
ISBN:

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Modern Defamation Law

Modern Defamation Law
Author: David Capper
Publisher:
Total Pages: 196
Release: 2013
Genre: Conflict of laws
ISBN: 9781899177240

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Defamation and Freedom of Speech

Defamation and Freedom of Speech
Author: Dario Milo
Publisher: Oxford University Press, USA
Total Pages: 394
Release: 2008-02-14
Genre: Language Arts & Disciplines
ISBN:

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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.

Reputation, Celebrity and Defamation Law

Reputation, Celebrity and Defamation Law
Author: David Rolph
Publisher: Routledge
Total Pages: 244
Release: 2016-04-08
Genre: Law
ISBN: 1317065778

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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.