The Law of Defamation in Australia and New Zealand

"The Law of Defamation in Australia and New Zealand" by Michael Gillooly is a seminal work in the field of defamation law, particularly focusing on the jurisdictions of Australia and New Zealand. Here is a comprehensive overview of the book, including key themes, plot summary, and critical reception:

Key Themes

1. Defamation Law Basics: The book provides a foundational understanding of defamation law, covering the essential principles and concepts that underpin the tort of defamation.
2. Jurisdictional Differences: It delves into the specific legal frameworks in Australia and New Zealand, highlighting any distinctions or similarities between the two jurisdictions.
3. Historical Context: The book offers a historical perspective on the development of defamation law, tracing its evolution over time.
4. Practical Applications: It includes practical insights and case studies to illustrate how defamation law is applied in real-world scenarios.

Plot Summary

While "The Law of Defamation in Australia and New Zealand" does not follow a narrative plot, it is structured to provide a comprehensive and systematic analysis of defamation law. The book covers various aspects of defamation, including:

• Definition and Elements: It defines what constitutes defamation and outlines the essential elements required to establish a defamation claim.
• Types of Defamation: The book discusses the different types of defamation, such as libel and slander, and how they are treated under Australian and New Zealand law.
• Defenses: It examines the various defenses available to defendants in defamation cases, including truth, honest opinion, and fair comment.
• Procedure and Practice: The author provides insights into the procedural aspects of defamation cases, including the role of courts and tribunals in resolving disputes.

Critical Reception

The book has received positive reviews from legal scholars and practitioners:

• Michael Chesterman (The University of New South Wales, Australia) praises the book for its unique and controversial approach to analyzing defamation law, particularly its empirical evidence and surveys of public attitudes towards defamation.
• Michael Gillooly (The University of Western Australia) commends the book for its refreshingly original work, demonstrating the human propensity to overestimate the negative effects of defamatory imputations through empirical evidence and interviews with judges and practitioners.
• Frederick Schauer (University of Virginia, US) notes that the book shines a welcome light on a neglected area of defamation law, providing concrete answers through well-designed empirical research and proposing sensible and workable reforms.
• David A. Anderson (University of Texas Law School, US) highlights the book's importance in understanding how the law protects reputation, particularly for lawyers and judges who try libel cases.

Overall, "The Law of Defamation in Australia and New Zealand" by Michael Gillooly is a foundational text that provides a thorough and practical understanding of defamation law in the specified jurisdictions. Its critical reception reflects its value as a resource for both legal scholars and practitioners.