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The Oxford History of the Laws of EnglandVolume XIII: 1820–1914 Fields of Development$
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William Cornish, J Stuart Anderson, Ray Cocks, Michael Lobban, Patrick Polden, and Keith Smith

Print publication date: 2010

Print ISBN-13: 9780199239757

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199239757.001.0001

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Personal Reputation, Privacy and Intellectual Creativity

Personal Reputation, Privacy and Intellectual Creativity

Chapter:
(p.847) I Personal Reputation, Privacy and Intellectual Creativity
Source:
The Oxford History of the Laws of England
Author(s):

William Cornish

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199239757.003.0030

In 1890 there appeared in the young Harvard Law Review an article by Samuel Warren and Louis Brandeis that was to become one of most enduring pieces of scholarly enthusiasm in the common law tradition. The writers advocated the recognition through case law of a ‘right to privacy’, which they posited as wholly appropriate to the state of development that advanced society had reached. This chapter traces the evolution of various legal ingredients from which Warren and Brandeis sought to concoct their privacy recipe. Topics discussed include defamation of character, libel as against slander, secondary liability, and limits to liability.

Keywords:   English law, reputation, privacy, libel, defamation of character

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