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Positive Free Speech

Author: Andrew Kenyon
Publisher: Hart Publishing
ISBN: 9781509908295
Size: 69.38 MB
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Freedom of expression is generally analysed as a bare liberty that should not be constrained by state action. Underpinning rationales for freedom of speech very often imply, however, that the concept also has important positive aspects, and that to be truly 'democratic' the modern polity requires more than negative freedom. In contemporary conditions, this understanding of free speech raises matters such as media diversity or pluralism, the concept of voice and access to the public sphere, access to information, and the need to rethink the audience in relation to public speech. Whether securing positive free speech is a matter of politics or of law, a task for legislatures or for courts, is an open question. On one level, any programme of inculcating positive dimensions of free speech might be understood as inherently polycentric and hence political in character. Yet, a number of Northern European jurisdictions evince enhanced legal recognition for the principle.The aim of this collection of papers is to interrogate the rationales of positive free speech, to consider the political and juridical methods by which it has or may be more fully reflected in the modern state, and to consider the range of practical contexts in which its valorisation has or would have significant implications. The contributors are drawn from an array of European and international jurisdictions. They include academic lawyers, sociologists, and political scientists.

Rights

Author: Tom Campbell
Publisher: Routledge
ISBN: 1134461755
Size: 20.21 MB
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We take rights to be fundamental to everyday life. Rights are also controversial and hotly debated both in theory and practice. Where do rights come from? Are they invented or discovered? What sort of rights are there and who is entitled to them? In this comprehensive introduction, Tom Campbell introduces and critically examines the key philosophical debates about rights. The first part of the book covers historical and contemporary theories of rights, including the origin and variety of rights and standard justifications of them. He considers challenges to rights from philosophers such as Bentham, Burke and Marx. He also examines different theories of rights, such as natural law, social contract, utilitarian and communitarian theories of rights and the philosophers and political theorists associated with them, such as John Stuart Mill, John Rawls, Robert Nozick and Michael Sandel. The second part of the book explores the role of rights-promoting institutions and critically assesses legal rights and international human rights, including the United Nations. The final part of the book examines how philosophies of rights can be applied to freedom of speech, issues of social welfare and the question of self-determination for certain groups or peoples. Rights: A Critical Introduction is essential reading for anyone new to the subject of rights and any student of political philosophy, politics and law.

There S No Such Thing As Free Speech And It S A Good Thing Too

Author: Stanley Eugene Fish
Publisher: Oxford University Press on Demand
ISBN: 0195093836
Size: 79.85 MB
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A vigorous debunker of the pieties of both the left and the right, Stanley Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. Fish is Arts and Sciences Professor of English and Professor of Law at Duke University, and the author of many books.

Sedition And The Advocacy Of Violence

Author: Sarah Sorial
Publisher: Routledge
ISBN: 1136639837
Size: 63.22 MB
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This book employs the theoretical framework of ‘speech act theory’ to analyse current legislative frameworks and cases pertaining to sedition or the advocacy of violence and the issue of freedom of speech. An analysis of the relation between speech and action offers a promising way of clarifying confusion over the contested status of speech, which advocates violence as a political strategy. This account reflects an understanding of philosophical issues about both the nature of freedom and speech and how these issues can be applied to concrete legal problems. This approach will shed new light on the problems of the sedition laws and how they might be remedied by providing a conceptual account of the nature of speech and its relation to action. On the basis of J.L Austin’s account of verdictive and exercitive speech acts, it is argued that while all speech acts are ‘conduct’ in a narrow sense, not all of them have the power to produce effects. This philosophical account will have legal consequences for how we classify speech acts deemed to be dangerous, or to cause harm. It also suggests that because speech can evoke or constitute action or conduct in certain circumstances, modern versions of sedition laws might in principle be defensible, but not in their current form. On the basis of this account, it is argued that the harms caused or constituted by speech can be located in the authority of the speaker. Sedition and Violence Against the State: Free Speech and Counter-Terrorism will be of interest to students and scholars of philosophy of law and legal theory.

Free Speech In Classical Antiquity Penn Leiden Colloquium On Ancient Values June 2002 At The University Of Pennsylvania

Author: Ineke Sluiter
Publisher: BRILL
ISBN: 9004139257
Size: 24.84 MB
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This book contains a collection of essays on the notion of "Free Speech" in classical antiquity. The essays examine such concepts as "freedom of speech," "self-expression," and "censorship," in ancient Greek and Roman culture from historical, philosophical, and literary perspectives. Among the many questions addressed are: what was the precise lexicographical valence of the ancient terms we routinely translate as "Freedom of Speech," e.g., Parrhesia in Greece, Licentia in Rome? What relationship do such terms have with concepts such as "isegoria," "demokratia" and "eleutheria"; or "libertas," "res publica" and "imperium"? What does ancient theorizing about free speech tell us about contemporary relationships between power and speech? What are the philosophical foundations and ideological underpinnings of free speech in specific historical contexts?

A Social Ontology

Author: David Weissman
Publisher: Yale University Press
ISBN: 9780300079036
Size: 66.74 MB
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Moral and social philosophers often assume that humans beings are and ought to be autonomous. This tradition of individualism, or atomism, underlies many of our assumptions about ethics and law; it provides a legitimating framework for liberal democracy and free market capitalism. In this powerful book, David Weissman argues against atomistic ontologies, affirming instead that all of reality is social. Every particular is a system created by the reciprocal causal relations of its parts, he explains. Weissman formulates an original metaphysics of nature that remains true to what is known through the empirical sciences, and he applies his hypothesis to a range of topics in psychology, morals, sociology, and politics. The author contends that systems are sometimes mutually independent, but many systems, and human ones especially, are joined in higher order systems, such as families, friendships, businesses, and states, that are overlapping or nested. Weissman tests this schematic claim with empirical examples in chapters on persons, sociality, and value. He also considers how the scheme applies to particular issues related to deliberation, free speech, conflict, and ecology.

Cap Reform Market Organisation And Rural Areas

Author: European Council for Agricultural Law / Comité Européen de Droit Rural / Europäisches Komitee für Ag,
Publisher: Nomos Verlag
ISBN: 3845274395
Size: 41.29 MB
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Der Band versammelt die Länderberichte des Comité Européen de Droit Rural (CDER), der Europäischen Argrarrechtsgesellschaft. Die Berichte sind dreisprachig (deutsch, englisch, französisch).

Constitution And Curriculum

Author: James Anthony Whitson
Publisher: Taylor & Francis
ISBN: 9781850003328
Size: 58.28 MB
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Discusses the ramifications of the policy of managing the influences to which students are exposed in the school environment. The author examines this in the context of freedom of speech as protected by the First Amendment and cites specific precedents as set by the Supreme Court.

What Is This Thing Called Science

Author: Alan Chalmers
Publisher: Univ. of Queensland Press
ISBN: 0702250872
Size: 37.86 MB
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Every ten years, Alan Chalmers draws on his experience as a teacher and researcher to improve and update the text that strives to answer the philosophical question in it’s title: What is This Thing Called Science? Identifying the qualitative difference between knowledge of atoms as it figures in contemporary science and metaphysical speculations about atoms common in philosophy since the time of Democritus proves to be a highly revealing and instructive way to pinpoint key features of the answer to that question. The most significant feature of this fourth edition is the extensive postscript, in which Chalmers uses the results of his recent research on the history of atomism to illustrate and enliven key themes in the philosophy of science. This new edition ensures that the book holds its place as the leading introduction to the philosophy of science for the foreseeable future.

Free Speech

Author: Alan Haworth
Publisher: Routledge
ISBN: 1134754019
Size: 28.63 MB
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Free Speech is a philosophical treatment of a topic which is of immense importance to all of us. Writing with great clarity, wit, and genuine concern, Alan Haworth situates the main arguments for free speech by tracing their relationship to contemporary debates in politics and political philosophy, and their historical roots to earlier controversies over religious toleration. Free Speech will appeal to anyone with an interest in philosophy, politics and current affairs.