Wednesday, February 26, 2020
Question 3 Essay Example | Topics and Well Written Essays - 750 words
Question 3 - Essay Example Alice has valid and stable grounds to support a legal action for defamation which, as defined in Blackââ¬â¢s Law Dictionary, is ââ¬Å"an intentional false communication, either published or publicly spoken, that injures another's reputation or good name. Holding up of a person to ridicule, scorn or contempt in a respectable and considerable part of the community; may be criminal as well as civil. Includes both libel and slander. Defamation is that which tends to injure reputation; to diminish the esteem, respect, goodwill or confidence in which the plaintiff is held, or to excite adverse, derogatory or unpleasant feelings or opinions against him. Statement which exposes person to contempt, hatred, ridicule or obloquy.à McGowen v. Prentice, La.App., 341 So.2d 55, 57 (La. 3d Cir. Ct. App. 1976) rehearing denied Jan. 26, 1977. The unprivileged publication of false statements which naturally and proximately result in injury to another.à Wolfson v. Kirk, Fla.App., 273 So.2d 774, 7 76 (Fla. 4th DCA 1973) [Inman and Inman 1996]. The first party-defendant would be the disillusioned scholar Usma who communicated her false and fabricated story to Bob. She maliciously painted a vicious and spiteful character of Alice without any offer of proof to her accusations. Such imputation of vice and defect against the founder of the school which provided her with free education and accommodation has caused great injury to the reputation of Alice. Aptly, Bob is also liable because as a journalist, he has the professional and moral obligation to publish only the verified facts and a fair comment thereon. He relied solely on the allegations of his source and intentionally failed to substantiate the same with evidence. It has been settled that, ââ¬Å"To say that a man's conduct was dishonourable is not a simple statement of fact. It is a comment coupled with an allegation of unspecified conduct upon which the comment is based. A defamatory comment about a person will almost al ways be based, either expressly or inferentially, on conduct on the part of that personâ⬠[Spiller & Anor v Joseph & Ors [2010] UKSC 53 (01 December 2010)]. The third party from whom Alice can validly claim for damages is the London Reporter newspaper and all those who have active charge of Bobââ¬â¢s story including news editors, the editor-in-chief and the publisher. Bobââ¬â¢s editors have been negligent in their duties when they allowed the defamatory story to be published and circulated to the reading public. They published a story without first verifying the facts or at least requiring Bob to check the veracity his sources. As a matter of fact, publishers are even ââ¬Å"liable for statements which they believed to be true and which they published without negligence. A plaintiff merely has to show that the statement was directed at her, has a defamatory meaning, and was published by the defendant. British law presumes the falsity of the disputed statement and places t he burden of proving truth on the defendantâ⬠¦Ã¢â¬ [Oââ¬â¢Carroll 2009]. Alice can rightly demand for damages without reservations on the fact that she is already very wealthy and some of the defendants are charity cases. She may demand the exact amount that is due to her in consideration of her reputation because ââ¬Å"â⬠¦a man defamed does not get compensation for his damaged reputation. He gets damages because he was injured in his reputation, that is simply because he was publicly defamed. For this reason, compensation by damages
Monday, February 10, 2020
Answering the questions according to reading Essay
Answering the questions according to reading - Essay Example Gender, politics, and race intersect in producing repressive heteronormative gender relations. Lindsey Feitz and Joane Nagel explore the intersections of gender, war, and sexuality in ââ¬Å"The Militarization of Gender and Sexuality in the Iraq War.â⬠They assert that although the U.S. military employs more women in army operations nowadays, the same heteronormative relations are imposed on the latter. Feitz and Nagel add the complication of race, as sexuality and gender issues intersect. They talk about the example of the rescue of Private First Class Jessica Lynch, whose race and gender contrasted to those of her takers, where ââ¬Å"American men [were] saving a pretty, young, white American woman from the possible sexual and personal assault by dark and dangerous Iraqisâ⬠(206). ... Gil Z. Hochberg presents heteronormativity that is more racial than sexual, although the causes and effects have gendered dimensions in ââ¬Å"ââ¬ËCheck Me Outââ¬â¢: Queer encounters in Sharif Wakedââ¬â¢s Chic Point: Fashion for Israeli Checkpoints.â⬠Hochberg shows how checkpoints in West Bank and Gaza depict heteronormative exploitation. In his analysis, he asserts that checkpoints serve to ââ¬Å"produce the Palestinian body both as a symbol of imminent danger (ââ¬Å"the terroristâ⬠) and as the object of complete subjugation lacking any political agency (ââ¬Å"the occupiedâ⬠)â⬠(578). Because these checkpoints target both men and women, heteronormativity is depicted in a regional scale, wherein one male nationality controls and suppresses a different male and female nationality. Sex and gender become political arenas of power over those who are more powerless or those whom the dominant race wants to render powerless. The male gaze is an important ima ge of heteronormative sexuality production in several articles. How the heteronormative male sees women affects how they treat them. Feitz and Nagel indicate the role of gender in the male military gaze. Military personnel, for instance, continue to see military women in their stereotyped roles (Feitz and Nagel 204). Female soldiers continue to be embedded into the heteronormative aspirations of the military in specific and the American society in general. In ââ¬Å"Securitizing Gender: Identity, Biometrics, and Transgender Bodies at the Airport,â⬠Paisley Currah and Tara Mulqueen explore gender issues in the U.S. Transportation Security Administrationââ¬â¢s (TSA) gender and biometrics practices. They describe that by using biometrics and comparing its results that to gender information, TSAââ¬â¢s programs
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