Lawrence McNamara
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199231454
- eISBN:
- 9780191710858
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199231454.003.0002
- Subject:
- Law, Law of Obligations
Without a clear sense of what reputation is, it will be difficult to make a judgment about the manner and extent of its protection under the law. To that end, this chapter commences the inquiry with ...
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Without a clear sense of what reputation is, it will be difficult to make a judgment about the manner and extent of its protection under the law. To that end, this chapter commences the inquiry with the aim of theorizing reputation. That is, it sets out to articulate the nature of the interest that the law seeks to protect. The selection of reputation, rather than defamation, as the analytical category is explained. A definition of reputation proposed that identifies community as the form of association upon which reputation rests, and it is argued that moral judgment is the central feature of reputation. This provides the best basis on which both reputation and defamation can be understood, and lays the foundations for the later resolution of some of the legal choices that the courts must make with respect to the scope and limits of protection for reputation.Less
Without a clear sense of what reputation is, it will be difficult to make a judgment about the manner and extent of its protection under the law. To that end, this chapter commences the inquiry with the aim of theorizing reputation. That is, it sets out to articulate the nature of the interest that the law seeks to protect. The selection of reputation, rather than defamation, as the analytical category is explained. A definition of reputation proposed that identifies community as the form of association upon which reputation rests, and it is argued that moral judgment is the central feature of reputation. This provides the best basis on which both reputation and defamation can be understood, and lays the foundations for the later resolution of some of the legal choices that the courts must make with respect to the scope and limits of protection for reputation.
Dario Milo
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199204922
- eISBN:
- 9780191709449
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199204922.003.0002
- Subject:
- Law, Law of Obligations, Human Rights and Immigration
This chapter explores the meaning and legal significance of reputation, and the values underpinning the right. The chapter proceeds as follows. Part B discusses the nature and legal protection of ...
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This chapter explores the meaning and legal significance of reputation, and the values underpinning the right. The chapter proceeds as follows. Part B discusses the nature and legal protection of reputation in the principal jurisdictions considered. Part C examines the underlying values that reputation appears designed to serve. Part D concludes the discussion and argues that ventilating the values underlying reputation will assist in deciding the proper approach to be adopted when reputation must be balanced against freedom of expression.Less
This chapter explores the meaning and legal significance of reputation, and the values underpinning the right. The chapter proceeds as follows. Part B discusses the nature and legal protection of reputation in the principal jurisdictions considered. Part C examines the underlying values that reputation appears designed to serve. Part D concludes the discussion and argues that ventilating the values underlying reputation will assist in deciding the proper approach to be adopted when reputation must be balanced against freedom of expression.
