Defamation law and social attitudes : ordinary unreasonable people /
- Publication info:
- Cheltenham, U.K. ; Northampton, MA : Edward Elgar, c2011.
Osgoode Hall Law School Library
On the Shelf
A brief to the Law Amendments Committee, Nova Scotia Legislative Assembly, with respect to Bill no.115 : an act to control the storage and supply of personal information by consumer reporting agencies / submitted by the Consumer Law Course, Faculty of Law, Dalhousie University. --
KF 1266.5 C7 D35 1973A
- Defamation law and social attitudes : ordinary unreasonable people / Roy Baker.
- Main Author:
- Baker, Roy, LLM, PhD.
Cheltenham, U.K. ; Northampton, MA : Edward Elgar, 2011
"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"--Provided by publisher.
- Physical Description:
xx, 337 p. : ill. ; 24 cm.
Includes bibliographical references (p. 323-332) and index.
Table of Contents
- Formulating the test for defamation
- Refining the test
- Applying the test
- The lawyers' answers
- The publics' answers
- The third-person effect
- Accomodating the third-person effect