Forbes School of Business and Technology.

 

Watch this video featuring John Bathke, faculty member at the Forbes School of Business and Technology.
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Prior to beginning work on this discussion,

Review Chapter 6 of the course textbook.
Jones was the attorney for the Town of Smithville. He filed a defamation lawsuit against a newspaper that served the Smithville area and against the writer of that newspaper’s Town Crier column. Jones based his case on statements that appeared in the column. The writer of the column referred to Jones as a “political hatchet man” and as “one of the biggest powers behind the throne in local government.” The writer also asserted that “Jones pulls the strings” and raised the question whether Jones was “leading Smithville to destruction.” What arguments should the defendants make in an effort to avoid defamation liability? Should Jones win his case? Your initial response should be a minimum of 200 words

Sample Solution

The defendants in this case should argue that the statements in question are not defamatory. Defamation requires a false statement of fact to be made about another person and damage or harm to their reputation as a result (Anderson, 2017). In order for the plaintiff’s claim of defamation to stand, it must be proved that the statement was false and caused him harm (Anderson, 2017).

The defendants could use several arguments to attempt to prove that the statements were not defamatory. Firstly, they could argue that Jones is indeed “one of the biggest powers behind the throne in local government” based on his job as an attorney for Smithville Town and therefore this statement would not be considered defamatory. This is because it does not paint Jones in a negative light but instead reflects positively upon him due to his position within local government. Secondly, they may also argue that other phrases such as “political hatchet man” are expressions of opinion rather than factual statements and cannot form part of any defamation claim (Anderson, 2017). Finally, they can point out that all three statements have been presented as questions rather than assertions which shows there is no intention by them to make such claims or cause harm with their words( Anderson ,2017)

Based on these arguments it appears unlikely that Jones will win his case against the newspaper and its writer. The court will likely find that none of these statements are actually false nor do they qualify as being defamatory since they do not portray Jones negatively or cause any real damage ( Anderson ,2017 ).

A significant area of contention is the change from “womanhood” to “parenthood”. It tends to be contended that when ladies become moms, they lose their orientation character for a parenthood personality. Bailey (1999) tracked down in her investigation of self-character and the change to parenthood: “the course of individualization which rules most of these ladies’ lives subsided with the approach of parenthood” (p. 344). This recommends we are compelled to perceive “vital ramifications for both an identity and show of self as a mother” (Mill operator, 2005, p. 14) while figuring out our way of life as ladies as well as our way of life as moms.

By tolerating the personality of mother, certain exhibitions are normal. Ladies might have a ‘decision’ to become moms yet they don’t pick the exhibition that is supposed for them to complete as a mother. These assumptions build this identity(J. Steward, 1993). Steward (2008) states: “Character classes will generally be instruments of administrative systems” (p. 166). Parenthood isn’t an exemption for this guideline. On the off chance that a mother doesn’t follow specific pre-set guidelines, they are likely to unfortunate results. Steward (2008) recommends this about orientation yet it can likewise be applied to the idea of parenthood: “a necessary exhibition in the sense carrying on of line with… standards carries with it discipline” (p. 174). This demonstrates in the event that decides are not followed that lay out great parenthood philosophy, they might be marked as a “terrible” mother.

Tiger mum peculiarity:
Geertz (1983) contends culture isn’t intrinsic, it is “systemised”. All over the planet, individuals carry on with various social lives which implies our presence of mind contrasts as per our encounters. A comparative perspective on this is of Talcott Parsons (1955) who features “the capabilities a family will rely upon the sort of society where it is found”. For instance: The Tiger mum peculiarity was presented by a renowned essayist called Amy Chua. Tiger mum usually alludes to a domineering and severe mother who compels her kids to accomplish the most significant levels in scholarly community, while compromising the youngster’s social and mental prosperity (Chua, A 2014). This technique is generally involved by families in East Asia and Southeast Asia. Tiger mums are the individuals who center just around instruction and homework and put down stopping points that might involve permitting their kid to just embrace exercises which will help their schooling. Such moms won’t permit their kid to participate in friendly exercises in the apprehension that it would obstruct the youngster’s odds of coming out on top. Tiger mums are said to apply mental command over their youngsters which restricts their personality arrangement. In the event that youngsters don’t live up to their folks’ assumptions, tiger mums can genuinely coercion their kids or now and again apply low-level actual discipline. The offspring of a tiger mum are not permitted to pursue their own choices corresponding to their schooling or their life day to day. Tiger mums push their youngsters to succeed scholastically no matter what the kid’s skill, capacities or energy for examining. A kid’s day will be busy with instructive classes, even after school which will be set by the mum. This type of nurturing is adequate in Asian societies like China, South Korea, Malaysia and Philippines. While western societies, strong nurturing is seen as misuse. In spite of the fact that, youngsters raised with tiger mums have proceeded to accomplish the most significant levels of the scholarly world, studies have shown that

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