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Using Robert Post's seminal article 'The Social Foundations of Reputation and the Constitution' as a starting point, this book argues that the concept of reputation changes historically, reflecting social, political, economic, cultural and technological changes. It also suggests that the value of a good reputation is not immutable and analyses the history and doctrines of defamation law in the US and the UK. Concepts of defamation law are illustrated via case studies from recent Australian defamation law which give general insight into the nature of particular concepts of reputation. Leading on from the case studies and drawing on approaches to celebrity in media and cultural studies, the author conceptualises reputation as a media construct and demonstrates that reputation as celebrity is of great contemporary relevance at this point in the history of defamation law.
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This is the third edition of J R Spencer's now well established book which seeks to explain this area of law for the benefit of judges, criminal practitioners and academics teaching the law of evidence. In the past, the rule excluding evidence of the defendant's general bad character and disposition to commit the offence was sometimes described as one of the most hallowed rules of evidence; Lord Sankey, in Maxwell v DPP, referred to it as '.one of the most deeply rooted and jealously guarded principles of our criminal law.' In reality it was not particularly ancient, and as the years went by it was increasingly attacked. On technical grounds the body of law surrounding it was criticised as over-complicated and inconsistent, and more radical critics condemned it as unduly favourable to the guilty. In response to this, the law was completely recast in Part 11 of the Criminal Justice Act 2003. This book, now again updated to take account of further legislative changes, case-law and academic writing, offers a thorough analysis of the bad character provisions of the Criminal Justice Act 2003 in the light of the way in which they have been interpreted by the courts
Admissible evidence --- Evidence, Criminal --- Reputation (Law)
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Reputation (Law) --- Personality (Law) --- Privacy, Right of
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Status of persons --- Commercial law. Economic law (general) --- Australia --- Reputation (Law)
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Law, Medieval --- Reputation (Law) --- Social aspects --- History --- -Law, Medieval --- -Medieval law --- Fama publica --- Evidence (Law) --- -Social aspects --- Social aspects. --- -History --- Medieval law --- Evidence, Character --- Character evidence --- Law, Medieval - Social aspects --- Reputation (Law) - Europe - History - To 1500
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The use of character in the criminal trial raises a number of controversial issues such as the nature of criminal responsibility, the link between past and future behaviour, and the way juries and judges reason about evidence of prior wrongdoing. This book reassesses and reflects on the significance of the law's increasing emphasis on character.
Evidence (Law) --- Reputation (Law) --- Law - Non-U.S. --- Law, Politics & Government --- Law - Great Britain --- Evidence, Character --- Fama publica --- Character evidence
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Status of persons --- Criminal law. Criminal procedure --- Reputation (Law) --- Personality (Law) --- Honor --- Honneur --- --Droit --- --Serment --- --Blasphème --- --Honor --- -Personality (Law) --- -Reputation (Law) --- -Fama publica --- Evidence (Law) --- Honour --- Chivalry --- Conduct of life --- -Honor --- --Status of persons --- Evidence, Character --- Fama publica --- Character evidence --- --Criminal law. Criminal procedure --- Reputation (Law) - France --- Personality (Law) - France --- Honor - France --- Droit --- Serment --- Blasphème
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Lawrence McNamara develops a new theory of reputation through a comparative analysis of how courts in England, the United States and other common law countries have responded to shifting attitudes towards moral values and developed new tests for what should count as 'defamatory'.
Libel and slander. --- Reputation (Law) --- Evidence, Character --- Fama publica --- Character evidence --- Evidence (Law) --- Calumny --- Defamation --- Libel and slander --- Slander --- Torts --- Law and legislation
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