Defamation
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Defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ...
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Blasphemy
Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religious crime, especially the Abrahamic religions, including the speaking the " sacred name" in Judaism and the "eternal sin" in Christianity. In the early history of the Church heresy received more attention than blasphemy because it was considered a more serious threat to Orthodoxy. Blasphemy was often regarded as an isolated offense wherein the faithful lapsed momentarily from the expected standard of conduct. When iconoclasm and the fundamental understanding of the sacred became more contentious matters during the Reformation, blasphemy was treated similar to heresy, and accusations of blasphemy were made not only against people who made off-the-cuff profane remarks while drunk, but against those types of persons who espoused unorthodox id ...
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Lashon Hara
''Lashon hara'' (or ''loshon horo'', or ''loshon hora'') ( he, לשון הרע; "evil tongue") is the halakhic term for speech about a person or persons that is negative or harmful to them, even though it is true. It is speech that damages the person(s) that are talked about either emotionally or financially, or lowers them in the estimation of others.Telushkin, Joseph. ''A Code of Jewish Ethics: Volume 1 - You Shall Be Holy''. New York: Bell Tower, 2006. p. 332. ''Lashon hara'' differs from the more severe prohibition of ''hotzaat shem ra'', "making a bad name," in that ''hotzaat shem ra'' consists of untrue statements. ''Lashon hara'' is considered to be a very serious sin in the Jewish tradition. The communicator of ''lashon hara'' (which is included in ''rechilut'') violates the Torah prohibition of ''lo telech rachil b'ameicha,'' translating to "thou shalt not go up and down as a among thy people" (''Leviticus 19:16'' KJV). Definition Speech is considered to be ''lashon ...
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Insult
An insult is an expression or statement (or sometimes behavior) which is disrespectful or scornful. Insults may be intentional or accidental. An insult may be factual, but at the same time pejorative, such as the word "inbred". Jocular exchange Lacan considered insults a primary form of social interaction, central to the imaginary order – "a situation that is symbolized in the 'Yah-boo, so are you' of the transitivist quarrel, the original form of aggressive communication". Erving Goffman points out that every "crack or remark set up the possibility of a counter-riposte, topper, or squelch, that is, a comeback". He cites the example of possible interchanges at a dance in a school gym: Backhanded compliments A backhanded (or left-handed) compliment, or asteism, is an insult that is disguised as, or accompanied by, a compliment, especially in situations where the belittling or condescension is intentional. Examples of backhanded compliments include, but are not lim ...
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False Statement
A false statement is a statement that is not true. Although the word ''fallacy'' is sometimes used as a synonym for ''false statement'', that is not how the word is used in philosophy, mathematics, logic and most formal contexts. A false statement need not be a lie. A lie is a statement that is known to be untrue and is used to mislead. A false statement is a statement that is untrue but not necessarily told to mislead, as a statement given by someone who does not know it is untrue. Examples of false statements ;Misleading statement (lie) John told his little brother that sea otters aren't mammals, but fish, even though John himself was a marine biologist and knew otherwise. John simply wanted to see his little brother fail his class report, in order to teach him to begin projects early, which help him develop skills necessary to succeed in life. ;Statement made out of ignorance James, John's brother, stated in his class report that sea otters were fish. James got an F after his t ...
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Psychological Projection
Psychological projection is the process of misinterpreting what is "inside" as coming from "outside". It forms the basis of empathy by the projection of personal experiences to understand someone else's subjective world. In its malignant forms, it is a defense mechanism in which the ego defends itself against disowned and highly negative parts of the self by denying their existence in themselves and attributing them to others, breeding misunderstanding and causing untold interpersonal damage. A bully may project their own feelings of vulnerability onto the target, or a person who is confused may project feelings of confusion and inadequacy onto other people. Projection incorporates blame shifting and can manifest as shame dumping. Projection has been described as an early phase of introjection. Historical precursors A prominent precursor in the formulation of the projection principle was Giambattista Vico. In 1841, Ludwig Feuerbach was the first enlightenment thinker to employ ...
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Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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Pasquil
A pasquinade or pasquil is a form of satire, usually an anonymous brief lampoon in verse or prose, and can also be seen as a form of literary caricature. The genre became popular in early modern Europe, in the 16th century, though the term had been used at least as early as the 4th century, as seen in City of God by Augustine of Hippo. Pasquinades can take a number of literary forms, including song, epigram, and satire. Compared with other kinds of satire, the pasquinade tends to be less didactic and more aggressive, and is more often critical of specific persons or groups. The name "pasquinade" comes from ''Pasquino'', the nickname of a Hellenistic statue, the remains of a type now known as a ''Pasquino Group'', found in the River Tiber in Rome in 1501 – the first of a number of "talking statues of Rome" which have been used since the 16th century by locals to post anonymous political commentary. The verse pasquinade has a classical source in the satirical epigrams of ancient ...
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Marcus Antistius Labeo
Marcus Antistius Labeo (d. 10 or 11 AD) was a Roman jurist. Marcus Antistius Labeo was the son of Pacuvius Labeo, a jurist who caused himself to be slain after the defeat of his party at Philippi. Since his name was different from his father's, he was presumably adopted by an otherwise unknown Antistius. A member of plebeian nobility in easy circumstances young Labeo entered public life early. Marcus Antistius rose quickly to the praetorship; but undisguised antipathy for the new regime and brusque manner he occasionally gave expression to Republican sympathies in the Senate – what Tacitus calls his ''incorrupta libertas'' – proved an obstacle to his advancement. His rival, Ateius Capito, a loyal client of new ruling powers, was promoted by Caesar Augustus to the consulate even though Labeo was in line for the job. Smarting under the wrong done him, Labeo declined the office when it was offered to him in a subsequent year. From this time he seems to have devoted his whole ti ...
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Corpus Juris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian. The work as planned had three parts: the ''Code'' (''Codex'') is a compilation, by selection and extraction, of imperial enactments to date; the '' Digest'' or ''Pandects'' (the Latin title contains both ''Digesta'' and ''Pandectae'') is an encyclopedia composed of mostly brief extracts from the writings of Roman jurists; and the ''Institutes'' (''Institutiones'') is a student textbook, mainly introducing the ''Code'', although it has important conceptual elements that are less developed in the ''Code'' or the ''Digest''. All three parts, even the textbook, were given force of law. They were intended to be, together, the sole source of law; reference to any other source, inclu ...
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Ulpian
Ulpian (; la, Gnaeus Domitius Annius Ulpianus; c. 170223? 228?) was a Roman jurist born in Tyre. He was considered one of the great legal authorities of his time and was one of the five jurists upon whom decisions were to be based according to the Law of Citations of Valentinian III. Biography The exact time and place of his birth are unknown, but the period of his literary activity was between AD 211 and 222. He made his first appearance in public life as assessor in the auditorium of Papinian and member of the council of Septimius Severus; under Caracalla he was master of the requests (''magister libellorum''). Elagabalus (also known as Heliogabalus) banished him from Rome, but on the accession of Severus Alexander (222) he was reinstated, and finally became the emperor's chief adviser and ''Praefectus Praetorio''. During the Severan dynasty, the position of Praetorian prefect in Italy came increasingly to resemble a general administrative post, and there was a tendency to ap ...
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