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This special volume of "Studies in Law, Politics, and Society - The Aesthetics of Law and Culture: Texts, Images, Screens" - examines practices of representation and their relation to juridical and cultural formations. The chapters range across the media of speech and writing, word and image, legislation and judgment, literature, cinema and photography. The contributions draw on disciplines including jurisprudence, literary criticism, philosophy, cinema studies, art and visual studies, cartography, historiography and medicine. They are ordered according to four prominent themes in contemporary, theoretically informed critical scholarship: Crime Scenes: Sexuality and Representation; Sites Unsaid: Testimony, Image, Genre; (Post) Colonial Appropriations; and Screen Culture: Sovereignty, Cinema and Law.
Law and aesthetics --- Culture and law --- Law and culture --- Law --- Aesthetics and law --- Aesthetics --- Law & society. --- Social Science --- Sociology --- General.
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Defamation and privacy are now two central issues in media law. While defamation law has long posed concerns for media publications, the emergence of privacy as a legal challenge has been relatively recent in many common law jurisdictions outside the US. A number of jurisdictions have seen recent defamation and privacy law reforms, which have often drawn on, or reacted against, developments elsewhere. This timely book examines topical issues in defamation and privacy law focused on media, journalism and contemporary communication. Aimed at a wide legal audience, it brings together leading and emerging analysts of media law to address current and proposed reforms and the impact of changes in communication environments, and to re-examine basic principles such as harm and free speech. This book will be of interest to all those working on commonwealth or US law, as well as comparative scholars from wider jurisdictions.
Freedom of expression --- Privacy --- Libel and slander --- Calumny --- Defamation --- Slander --- Torts --- Social psychology --- Secrecy --- Solitude --- Expression, Freedom of --- Free expression --- Liberty of expression --- Civil rights --- Law and legislation
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Free speech has positive dimensions of enablement and negative dimensions of non-restraint, both of which require protection for democracy to have substantial communicative legitimacy. In Democracy of Expression, Andrew Kenyon explores this need for sustained plural public speech linked with positive communicative freedom. Drawing on sources from media studies, human rights, political theory, free speech theory and case law, Kenyon shows how positive dimensions of free speech could be imagined and pursued. While recognising that democratic governments face challenges of public communication and free speech that cannot be easily solved, Kenyon argues that understanding the nature of these challenges (including the value of positive free speech) at least makes possible a democracy of expression in which society has a voice, formulates judgments, and makes effective claims of government. In this groundbreaking work, Kenyon not only reframes how we conceptualize free speech, but also provides a roadmap for reform.
Freedom of speech. --- Freedom of expression. --- Freedom of speech --- Freedom of expression --- Civil rights --- Expression, Freedom of --- Free expression --- Liberty of expression --- Free speech --- Liberty of speech --- Speech, Freedom of --- Assembly, Right of --- Freedom of information --- Intellectual freedom --- Law and legislation --- Liberté d'expression. --- Liberté d'expression --- Droits civils et politiques --- LAW / Constitutional --- Human rights --- Mass communications --- Germany --- France --- Liberté d'expression. --- Liberté d'expression
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The challenges faced by privacy laws in changing technological, commercial and social environments are considered in this broad-ranging 2006 examination of privacy law. The book encompasses three overlapping areas of analysis: privacy protection under the general law; legislative measures for data protection in digital communications networks; and the influence of transnational agreements and other pressures toward harmonised privacy standards. Leading, internationally recognised authors discuss developments across these three areas in the UK, Europe, the US, APEC (Asia-Pacific Economic Cooperation), Australia and New Zealand. Chapters draw on doctrinal and historical analysis of case law, theoretical approaches to both freedom of speech and privacy, and the interaction of law and communications technologies in order to examine present and future challenges to law's engagement with privacy.
Privacy, Right of --- Data protection --- Conflict of laws --- Droit à la vie privée --- Protection de l'information (Informatique) --- Droit à la vie privée (Droit international privé) --- Law and legislation --- Droit --- Privacy, Right of. --- Law and legislation. --- Law --- General and Others --- Data protection - Law and legislation --- Conflict of laws - Privacy, Right of --- Royaume-Uni --- Australie --- Nouvelle-Zélande --- France --- Allemagne --- Habeas data --- Invasion of privacy --- Right of privacy --- Civil rights --- Libel and slander --- Personality (Law) --- Press law --- Computer crimes --- Confidential communications --- Right to be forgotten --- Secrecy
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"Freedom of expression is generally analysed as a bare liberty that should not be constrained by state action. Underpinning rationales for freedom of speech very often imply, however, that the concept also has important positive aspects, and that to be truly 'democratic' the modern polity requires more than negative freedom. In contemporary conditions, this understanding of free speech raises matters such as media diversity or pluralism, the concept of voice and access to the public sphere, access to information, and the need to rethink the audience in relation to public speech. Whether securing positive free speech is a matter of politics or of law, a task for legislatures or for courts, is an open question. On one level, any programme of inculcating positive dimensions of free speech might be understood as inherently polycentric and hence political in character. Yet, a number of Northern European jurisdictions evince enhanced legal recognition for the principle. The aim of this collection of papers is to interrogate the rationales of positive free speech, to consider the political and juridical methods by which it has or may be more fully reflected in the modern state, and to consider the range of practical contexts in which its valorisation has or would have significant implications. The contributors are drawn from an array of European and international jurisdictions. They include academic lawyers, sociologists, and political scientists"--
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Efforts to expand the scope of legal protection given to reputation and brands in the Asia Pacific region have led to considerable controversy. Written by a variety of experts, the essays in this book consider the developing law of reputation and brands in a fraught area.
Brand name products --- Reputation (Law) --- Libel and slander. --- Names, Personal --- Personality (Law) --- Calumny --- Defamation --- Libel and slander --- Slander --- Torts --- Evidence, Character --- Fama publica --- Character evidence --- Evidence (Law) --- Brand names --- Branded merchandise --- Merchandise, Branded --- Name brand products --- Business names --- Commercial products --- Branding (Marketing) --- Trademarks --- Law and legislation --- Law and legislation. --- Law --- E-books --- General and Others
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Archivistics --- Industrial and intellectual property --- Library automation --- Information user --- United States --- United States of America
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Using as a starting point the work of internationally-renowned Australian scholar Sam Ricketson, whose contributions to intellectual property (IP) law and practice have been extensive and richly diverse, this volume examines topical and fundamental issues from across IP law. With authors from the US, UK, Europe, Asia, Australia and New Zealand, the book is structured in four parts, which move across IP regimes, jurisdictions, disciplines and professions, addressing issues that include what exactly is protected by IP regimes; regime differences, overlaps and transplants; copyright authorship and artificial intelligence; internationalization of IP through public and private international law; IP intersections with historical and empirical research, human rights, privacy, personality and cultural identity; IP scholars and universities, and the influence of treatises and textbooks. This work should be read by anyone interested in understanding the central issues in the evolving field of IP law.
Intellectual property. --- Intellectual property --- IP (Intellectual property) --- Proprietary rights --- Rights, Proprietary --- Intangible property --- Law and legislation --- Ricketson, Sam. --- Ricketson, Sam
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