Law of Defamation in Commonwealth Africa
Dartmouth Publishing Co Ltd (Verlag)
978-1-84014-092-7 (ISBN)
- Titel ist leider vergriffen;
keine Neuauflage - Artikel merken
The law of defamation is about words. In Africa the word retains much power, whether in the form of witchcraft, or divination, oral history, praise-singing or singing as a form of social control. Defamation is, therefore, an area of the law in which there is, in most Commonwealth African countries, quite vigorous activity. This book deals mainly with the common law, that is the English system imported as part of the colonial baggage into most of these countries. However, the book presents no cases from Mozambique, which is a civil law country, few from South Africa, and only one from Cameroon. Nigeria is more prominently represented than other countries simply because of its size and the number of its reported cases. This book is intended as an analysis of the law pertaining to defamation, but considering the nature of the law and how it is used in African countries, it could also be useful in the areas of sociology and politics.
Part 1 Introduction: the essential nature of defamation law; who sues and why?; a social importance?; the African context; law in Africa; the media in Africa; governments and defamation; judicial attitudes to the press. Part 2 Customary (and Islamic) law: introduction; the law; the status of customary law; Islamic law. Part 3 The colonial systems: the "common law" - an introduction; the application of English law in Africa; Roman-Dutch law; French law in Africa. Part 4 Form: introduction; libel or slander?; the consequences of distinction. Part 5 Meaning: introduction; the judge without a jury; the audience; not admitting evidence; levels of meaning and innuendoes; aids to interpretation; abuse and mere rhetoric; identifying the plaintiff; reference to the plaintiff and inneuendoes; more than one potential plaintiff. Part 6 Defamatory meaning: definitions; the society; "right thinking members of society generally"; the use of evidence. Part 7 Examples of defamatory statements: criminal offences; activities against the state; immorality; private parts; imputations as to profession etc.; corruption and abuse of office; extravagance; defaming politicians; "natural rulers"; religion; witchcraft; others; disclaimer notices; financial credit. Part 8 Publication: another person; proof of publication; who is liable?; multiple publications. Part 9 Who can sue?: no vicarious defamation; defamation of the dead; the corporate plaintiff; other bodies; Roman-Dutch jurisdictions. Part 10 The defendant's fault: the common law; other systems; insanity and inebriation. Part 11 Truth and public belief: truth; what must be shown; public benefit; pleading and proof. Part 12 Absolute privilege: statements in, or related to, judicial proceedings; quasi-judicial proceedings; legislative bodies; statements between officers of state; solicitor and client. Part 13 Qualified privilege generally: introduction; the duty to communicate; an interest in communicating; response to attack; elections; adjudicatory and arbitral bodies; village meetings and associations; excess of privilege; other systems; side-stepping the defence. Part 14 Defences for the press 1 - statutes and privilege: Lord Campbell's Act; "unintentional defamation" under the modern legislation; the press and privilege; privilege of reports at common law; absolute privilege for reports of proceedings; statutory protection of reports of proceedings of legislatures; other reports privileged under statute; Mauritius; a new defence for the media?. Part 15 Defences for the press 2 - fair comment: introduction; matters of public interest; comment not fact; the comment must be on facts; facts must be referred to or identified; fairness; pleading fair comment; a note on Mauritius. Part 16 Malice: the meaning of malice; proof of malice; malice must be the motivating factor; pleading; malice where there are joint tortfeasors. (Part contents)
| Erscheint lt. Verlag | 26.2.1998 |
|---|---|
| Reihe/Serie | Law, Social Change & Development ; v. 6 |
| Zusatzinfo | bibliography, index |
| Sprache | englisch |
| Maße | 227 x 156 mm |
| Themenwelt | Recht / Steuern ► Allgemeines / Lexika |
| Recht / Steuern ► EU / Internationales Recht | |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht | |
| ISBN-10 | 1-84014-092-5 / 1840140925 |
| ISBN-13 | 978-1-84014-092-7 / 9781840140927 |
| Zustand | Neuware |
| Haben Sie eine Frage zum Produkt? |
aus dem Bereich
