Defamation Law in a Changing Society: The Case of Youssoupoff v Metro-Goldwyn Mayer

Legal Studies, Vol. 20, p. 291, 2000

29 Pages Posted: 18 Nov 2007 Last revised: 2 Mar 2008

See all articles by Kim Treiger-Bar-Am

Kim Treiger-Bar-Am

College of Law and Business; Reichman University - Interdisciplinary Center (IDC) Herzliyah - Harry Radziner School of Law

Abstract

Defamation law offers a unique view of society and the changes it undergoes. When a claim of reputational injury is made, the case exposes the prejudices alive in the particular society at hand. When the law deems a claim actionable, it recognizes and, at some level, lends credence to the prejudices held. The case of Youssoupoff v MGM is a case in point. The claim by Princess Youssoupoff in 1934 that an imputation of rape or seduction is libelous reveals underlying currents in English society at the time as to class, nation and gender. The judicial recognition of the claim, and the legal and extra-legal reactions to the claim at the time and since then, further raise for examination the relationship between law and morality. To be recognized as defamatory, must an allegation impute immorality to the plaintiff? Should the law of defamation recognize societal prejudices that are real, even if deemed by lawmakers and the judiciary to be invalid? Is it the function of the law to mirror the society in which it is produced or to carry it forward?

Keywords: defamation, libel, morality, blameworthiness, gender, class, rape

JEL Classification: K11

Suggested Citation

Treiger-Bar-Am, Kim and Treiger-Bar-Am, Kim, Defamation Law in a Changing Society: The Case of Youssoupoff v Metro-Goldwyn Mayer. Legal Studies, Vol. 20, p. 291, 2000, Available at SSRN: https://ssrn.com/abstract=1021041

Kim Treiger-Bar-Am (Contact Author)

Reichman University - Interdisciplinary Center (IDC) Herzliyah - Harry Radziner School of Law ( email )

P.O. Box 167
Herzliya, 46150
Israel

College of Law and Business ( email )

Faculty of Law
Israel

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