Defamation Law and Social Attitudes

Ordinary Unreasonable People

Roy Baker (Autor)

Buch | Hardcover

360 Seiten

2011
Edward Elgar Publishing Ltd (Verlag)
978-0-85793-943-2 (ISBN)

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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.

Roy Baker, Macquarie University, Australia

Contents: 1. Introduction Part I: Asking the Defamation Question 2. Formulating the Test for Defamation 3. Refining the Test 4. Applying the Test Part II: Answering the Defamation Question 5. The Lawyers’ Answers 6. The Public’s Answers 7. The Third-Person Effect 8. Accommodating the Third-Person Effect 9. Conclusion Bibliography Index

Erscheint lt. Verlag	29.12.2011
Verlagsort	Cheltenham
Sprache	englisch
Maße	156 x 234 mm
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht
	Wirtschaft
ISBN-10	0-85793-943-2 / 0857939432
ISBN-13	978-0-85793-943-2 / 9780857939432
Zustand	Neuware