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The modern law of defamation is frequently criticised for being outdated,obscure and even incomprehensible. The Making of the Modern Law of Defamation explains how and why the law has come to be as it is by offering an historical analysis of its development from the seventeenth century to the present day. Whilst the primary focus of the book is the law of England, it also makes extensive use of comparative common law materials from jurisdictions such as Australia, South Africa, the United States and Scotland. This book will be essential reading for anyone interested in the law of defamation, in media law and in the relationship between free speech and the law.
For a long time, Africa has 'lagged' behind global advances in transparency, but there are now significant developments on the continent. In a ground-breaking book, Access to Information in Africa brings together for the first time a collection of African academics and practitioners to contribute to the fast-growing body of scholarship that is now accumulating internationally. This is therefore an African account of progress made and setbacks suffered, but also an account of challenges and obstacles that confront both policy-makers and practitioners. These challenges must be overcome if greater public access to information is to make a distinctive, positive contribution to the continent’s democratic and socio-economic future. This book offers a necessarily multi-dimensional perspective on the state of ATI in African jurisdictions and the emerging, new praxis - a praxis that will entail a genuine domestication of the right of access to information on the continent.
The book examines the law of defamation, and argues that it must be reformed in a number of ways in order to balance two important constitutional rights, the right to reputation and the right to freedom of expression. The book analyses how far the media and others should be entitled to go in reporting on important matters of public interest in society, such as corruption and misconduct in public office. It also examines where the line should be drawn between a public figure's public and private life.
This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.
Honourable Intentions? compares the significance and strategic use of ‘honour’ in two colonial societies, the Cape Colony and the early British settlements in Australia, between 1750 and 1850. The mobile populations of emigrants and sojourners, sailors and soldiers, merchants and traders, slaves and convicts who surged into and through these regions are not usually associated with ideas of honour. But in both societies, competing and contradictory notions of honour proved integral to the ways in which colonisers and colonised, free and unfree, defended their status and insisted on their right to be treated with respect. During these times of flux, concepts of honour and status were radically reconstructed. Each of the thirteen chapters considers honour in a particular sphere - legal, political, religious or personal - and in different contexts determined by the distinctive and changing matrix of race, gender and class, as well as the distinctions of free and unfree status in each colony. Early chapters in the volume show how and why the political, ideological and moral stakes of the concept of honour were particularly important in colonial societies; later chapters look more closely at the social behaviour and the purchase of honour among specific groups. Collectively, the chapters show that there was no clear distinction between political and social life, and that honour crossed between the public and private spheres. This exciting new collection brings together new and established historians of Australia and South Africa to highlight thought-provoking parallels and contrasts between the Cape and Australian colonies that will be of interest to all scholars of colonial societies and the concept of honour.
During a major overhaul of British imperial policy following the Napoleonic Wars, an escaped convict reinvented himself as an improbable activist, renowned for his exposés of government misconduct and corruption in the Cape Colony and New South Wales. Charting scandals unleashed by the man known variously as Alexander Loe Kaye and William Edwards, Imperial Underworld offers a radical new account of the legal, constitutional and administrative transformations that unfolded during the British colonial order of the 1820s. In a narrative rife with daring jail breaks, infamous agents provocateurs, and allegations of sexual deviance, Professor Kirsten McKenzie argues that such colourful and salacious aspects of colonial administrations cannot be separated from the real business of political and social change. The book instead highlights the importance of taking gossip, paranoia, factional infighting and political spin seriously to show the extent to which ostensibly marginal figures and events influenced the transformation of the nineteenth-century British Empire.
The delict of iniuria is among the most sophisticated products of the Roman legal tradition. The original focus of the delict was assault, although iniuria-literally a wrong or unlawful act-indicated a very wide potential scope. Yet it quickly grew to include sexual harassment and defamation, and by the first century CE it had been re-oriented around the concept of contumelia so as to incorporate a range of new wrongs, including insult and invasion of privacy. In truth, it now comprised all attacks on personality. It is the Roman delict of iniuria which forms the foundation of both the South African and-more controversially-Scots laws of injuries to personality. On the other hand, iniuria is a concept formally alien to English law. But as its title suggests, this book of essays is representative of a species of legal scholarship best described as 'oxymoronic comparative law', employing a concept peculiar to one legal tradition in order to interrogate another where, apparently, it does not belong. Addressing a series of doctrinal puzzles within the law of assault, defamation and breach of privacy, it considers in what respects the Roman delict of iniuria overlaps with its modern counterparts in England, Scotland and South Africa; the differences and similarities between the analytical frameworks employed in the ancient and modern law; and the degree to which the Roman proto-delict points the way to future developments in each of these three legal systems.