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The Making Of The Modern Law Of Defamation
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Book Synopsis The Making of the Modern Law of Defamation by : Paul Mitchell
Download or read book The Making of the Modern Law of Defamation written by Paul Mitchell and published by . This book was released on 2005 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern law of defamation is frequently criticised for being outdated, obscure and even incomprehensible. The Making of the Modern Law of Defamation explains how and why the law has come to be as it is by offering an historical analysis of its development from the seventeenth century to the present day. Whilst the primary focus of the book is the law of England, it also makes extensive use of comparative common law materials from jurisdictions such as Australia, South Africa, the United States and Scotland. This book will be essential reading for anyone interested in the law of defamation, i.
Book Synopsis Modern Defamation Law by : David Capper
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:
Book Synopsis The Making of the Modern Law of Defamation by : Paul Mitchell
Download or read book The Making of the Modern Law of Defamation written by Paul Mitchell and published by Bloomsbury Publishing. This book was released on 2005-07-31 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern law of defamation is frequently criticised for being outdated,obscure and even incomprehensible. The Making of the Modern Law of Defamation explains how and why the law has come to be as it is by offering an historical analysis of its development from the seventeenth century to the present day. Whilst the primary focus of the book is the law of England, it also makes extensive use of comparative common law materials from jurisdictions such as Australia, South Africa, the United States and Scotland. This book will be essential reading for anyone interested in the law of defamation, in media law and in the relationship between free speech and the law.
Download or read book Law of Defamation written by John Maher and published by . This book was released on 2018-06-30 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Code of the Law of Actionable Defamation ... by : George Spencer Bower
Download or read book A Code of the Law of Actionable Defamation ... written by George Spencer Bower and published by . This book was released on 1908 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Truth and Privilege by : Lyndsay Campbell
Download or read book Truth and Privilege written by Lyndsay Campbell and published by Cambridge University Press. This book was released on 2021-12-16 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fascinating study analyzes the evolution of libel law in Nova Scotia and Massachusetts, in the crucible of conflicts over democratic institution-building, gender roles, slavery and other religious and social reform movements. It demonstrates how individuals shaped the law, as they navigated societal change and fought with their neighbors.
Book Synopsis Sack on Defamation by : Robert D. Sack
Download or read book Sack on Defamation written by Robert D. Sack and published by . This book was released on 1999 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring all-new coverage and a convenient new two-volume looseleaf format, here's today's authoritative, up-to-date guide through the labyrinth of defamation law. Now expanded to over 1,400 pages of definitive legal, tactical, and strategic insight into libel, slander, and related causes of action, this new Third Edition reaffirms this treatise's position as 'the standard text in the field against which all others must be judged'. Citing thousands of cases, the work takes you securely through this complex field, from its common law and constitutional foundations . . . to the more recent influential case law . . . to the crucial and often confusing splits of judicial authority. Designed for judges, teachers, journalists, and lawyers on both sides of the table, the book helps practitioners and their clients to: Ensure written and oral communications are less likely to result in suit; Avoid or limit lawsuits by issuing retractions and taking other mitigating steps; Persuade judges to dismiss complaints or grant summary judgements.
Book Synopsis The Evolution from Strict Liability to Fault in the Law of Torts by : Anthony Gray
Download or read book The Evolution from Strict Liability to Fault in the Law of Torts written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gradually, the law of tort has shifted away from a strict-liability approach to one where fault predominates. This book charts important case law documenting this shift. It seeks to understand how and why it occurred. Given that the Rylands v Fletcher decision is typically seen as a prime exemplar of strict liability, it focusses particularly on that case, as part of the historical development of tort law. It considers the intellectual arguments made in favour of strict liability, and for fault-based liability. Having done so, it then focusses on particular areas of the law of tort, including nuisance, defamation and trespass. It is somewhat anomalous that though most would view these as examples of torts of strict liability, fault considerations have become prominent in their application. This presents an uneasy compromise, where torts that are notionally strict in nature are infused with fault considerations, often through exceptions or defences. This book advocates for further development in the law of tort to better reflect a primarily fault-based approach to liability, at least in the common law. This would make the law of tort more coherent.
Book Synopsis Reputation and Defamation by : Lawrence McNamara
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 Modern Tort Law written by V.H. Harpwood and published by Routledge. This book was released on 2009-06-02 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Tort Law is a comprehensive, accessible and up-to-date introduction to the law of torts. Now in its seventh edition, Vivienne Harpwood’s popular, student-friendly text explains the principles of all aspects of tort law in a lively and thought-provoking manner. The broad coverage of modern tort law makes this an ideal textbook for any undergraduate tort law course. Students are encouraged to understand and apply the principles of tort law effectively throughout and particular attention is paid to the context within which the law is evolving, making these topics both accessible and enjoyable. This seventh edition has been revised and updated to take into account developments since publication of the previous edition including in the areas of privacy, negligence, personal injury and defamation. Human Rights issues are integrated throughout the text rather than treating the topic in isolation, in line with the way the subject is commonly taught. Now more accessible and student-friendly, it includes: advice on further reading at the end of each chapter which is intended to point students towards sources of further study and critical debate new chapter introductions, rewritten to reflect learning outcomes. Modern Tort Law is now supported by a Companion Website which offers lecturer resources available to adopters of the book, including ‘think points’ designed to encourage reflection and debate and PowerPoints of diagrams and flowcharts contained within the text. A dedicated student section also offers weblinks, a guide to key Tort law cases, a flashcard glossary and a test bank of multiple choice questions.
Book Synopsis A History of Tort Law 1900–1950 by : Paul Mitchell
Download or read book A History of Tort Law 1900–1950 written by Paul Mitchell and published by Cambridge University Press. This book was released on 2015 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first historical treatment of tort law in England during a formative period of its development.
Download or read book Writing in Public written by Trevor Ross and published by Johns Hopkins University Press. This book was released on 2018-11-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Yet, paradoxically, it is only by occupying no definable place within the public sphere that literature can remain as indeterminate as the public whose self-reinvention it serves.
Book Synopsis Landmark Cases in Defamation Law by : David Rolph
Download or read book Landmark Cases in Defamation Law written by David Rolph and published by Bloomsbury Publishing. This book was released on 2019-08-22 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Reputation, Celebrity and Defamation Law by : David Rolph
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 230 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.
Book Synopsis Street on Torts by : Christian Witting
Download or read book Street on Torts written by Christian Witting and published by Oxford University Press. This book was released on 2021 with total page 768 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Street on Torts' provides a scholarly and incisive treatment of the law of torts with a focus upon key concepts and clear explanations.
Book Synopsis Defamation, Libel Tourism and the SPEECH Act of 2010 by :
Download or read book Defamation, Libel Tourism and the SPEECH Act of 2010 written by and published by Cambria Press. This book was released on with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Humanity of Private Law by : Nicholas McBride
Download or read book The Humanity of Private Law written by Nicholas McBride and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law's core concern is the flourishing of its subjects. THIS VOLUME - presents a critique of alternative explanations of private law; - defines and sets out the key building blocks of private law; - sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects' flourishing; - shows how various features of English private law are fine-tuned to ensure that its subjects enjoy a flourishing existence, according to the vision of human flourishing provided by the RP; - explains how other features of English private law are designed to preserve private law's legitimacy while it pursues its core concern of promoting human flourishing; - defends the view of English private law presented here against arguments that it does not adequately fit the rules and doctrines of private law, or that it is implausible to think that English private law is concerned with promoting human flourishing. A follow-up volume will question whether the RP is correct as an account of what human flourishing involves, and consider what private law would look like if it sought to give effect to a more authentic vision of human flourishing. The Humanity of Private Law is essential reading for students, academics and judges who are interested in understanding private law in common law jurisdictions, and for anyone interested in the nature and significance of human flourishing.
