Mapping Defamation Defences

The general neglect of tort defences is most significant in defamation actions. This paper attempts to reduce to a few guiding principles the numerous, and apparently unrelated, doctrines recognised as defences by the law of defamation. Defining the cause of action as an injury to the claimant's reputation, it argues that they fall into three classes: (i) defences which exclude unlawfulness because the injury was inflicted in pursuance of a right or liberty of the defendant; (ii) defences which exclude blameworthiness because the defendant was not at fault for causing the injury; (iii) defences which relieve the defendant of liability despite the injury being both non iure and negligent: this group, not being underpinned by recognised principles, deserves particular scrutiny. The rule of repetition should be qualified by recognition of a defence of ‘warranted republication’; the remainder should be abolished, being an anachronistic hangover from the old requirement of malice.     

'Deliberative Supranationalism'—Two Defences

This paper responds in its first sections to a series of articles in which Rainer Schmalz-Bruns developed a concept of legitimate governance beyond the constitutional state, which he called 'deliberative supranationalism' and contrasted with what Jürgen Neyer and the present author had suggested under the same title. The Epilogue of the paper first comments on more recent critiques brought forward especially by contributors to this Special Issue of the ELJ and then on the programmatic rejection of comitology by the European Commission's White Paper on Governance in the EU. Our querelles allemandes were not specifically Teutonic: while Schmalz-Bruns presented his approach as a systematic elaboration of the theories of deliberative democracy, based, in particular, on recent contributions by Joshua Cohen, Michael Dorf, and Charles Sabel, Jürgen Neyer and I had offered an interpretation of institutional innovations and decision-making practices as observed in the European market-building project. This discussion has had precursors and follow-ups in various contexts, among both lawyers and political scientists. This essay should hence be understood as a contribution to an ongoing debate.     

承运人在无单放货索赔中的抗辩

无单放货频频发生 ,导致对承运人提起的索赔案件不断发生。本文从承运人角度出发 ,对其所可能采取的事前防范措施和事后抗辩理由进行了一定的分析建议。     

Some Observations on Wrongfulness,Responsibility and Defences in International Law

Netherlands International Law Review - In this article, I argue that international law has a major structural crack: the limited international legal capacity of non-states, and a high threshold of...     

Review of Mark Dsouza’s Rationale - Based Defences in Criminal Law

Mark Dsouza’s new book, Rationale-Based Defences in Criminal Law, aims to shed new light on the question of how to conceptualize justifications and e     

Women's Violence Against Their Children

Feminist scholars have rarely ventured into the realm of child abuse research. The aim of this paper is to lay the foundation for a feminist understanding of women's violence against their children. It begins with an assessment of the fundamental nature of the oppression of women in society and within the family. It continues with a critical analysis of how conventional child abuse and family violence experts have attempted to explain the problem of violence against children in the family. Ultimately, this paper reveals that if one is genuinely interested in unlocking the secrets of maternal child abuse, then the key is a feminist perspective that provides insight into the lives of women in the patriarchy.     

Women's Accounts of Domestic Violence

Abstract

Critiques of behavioral inventories, qualitative studies of battered women's experiences, and communications research all suggest that women's accounts of violence contain information and a more complex structure than is captured by checklist measures that focus on types of abuse. We conducted a quantitative thematic analysis of 162 women's accounts of domestic violence to assess structure and content. Most women presented domestic violence as a “story” with an introduction, body and a conclusion: 59% presented a “complete story” and 33% a “near story.” Background information and problem statements were the most prevalent content statements in the “introduction,” and relationship issues and explanations were most common in the “conclusion.” Bivariate analyses revealed that accounts did not vary by socio-demographic factors and severity of the incident. Men were less likely to present complete stories, had far briefer narratives, and never discussed relationship issues. Knowledge of the structure and content of women's accounts provides greater understanding of women's responses to violence.     

Women's sexual exploitation in therapy

The incidence of therapist-patient sex is disturbingly high, and the obstacles to seeking legal redress against a sexually abusive therapist are numerous. The defence of consent is one of the most serious obstacles. Generally no physical coercion is involved; and the patient often believes she is consenting at the time in which sexual relations occur. The author explores how the defence of consent has been construed to bar women from succeeding in malpractice and sexual assault suits against sexually abusive therapists. Her thesis is that an understanding of the nature and dynamics of the therapeutic relationship leads to the conclusion that free and informed consent is not possible in this context. The author concludes with a discussion of whether a mandatory reporting law, requiring therapists to file a report with the relevant licencing authorities when they become aware that a current patient has engaged in sexual relations with a former therapist, would be desirable.     

论妇女性人权的保护

随着社会经济的不断发展和法制建设的不断进步,我国关于妇女权益保护的制度也逐渐趋于完善,妇女维权工作取得了很大的进步。但我国在妇女性权的保护方面有些还停留在形式上,特别是性骚扰和家庭暴力以及婚内强奸等问题都有待完善。     

Parenting Programs in Women's Prisons

Abstract

This paper presents the results of a national survey of parenting programs in women's prisons. Parenting programs may be defined as those programs that specifically address the woman's role as mother and attempt to facilitate her performance of that role, and/or aid in the development of parental skills. These programs range from parenting classes of a few hours to nurseries where imprisoned women and their infants can live together during the term of imprisonment. The need for such programs is also discussed.     

African-American Women's Health und Social Issues

Catherine Fisher Collins, ed., Afircan-American Women's Health and Social Issues (Westport: Auburn House, 1996): 227 pp., ISBN: 0-86569-250-5, $59.95. To order call 1-800-225-5800.