positive free speech rationales methods and implications

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Positive Free Speech

Author : Andrew Kenyon
ISBN : 1509908293
Genre :
File Size : 56. 48 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.

On Liberty

Author : John Stuart Mill
ISBN : HARVARD:HB0O3S
Genre : Civil rights
File Size : 81. 92 MB
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Rights

Author : Tom Campbell
ISBN : 9781134461752
Genre : Philosophy
File Size : 44. 76 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.

Sex And The Constitution Sex Religion And Law From America S Origins To The Twenty First Century

Author : Geoffrey R. Stone
ISBN : 9781631493652
Genre : Law
File Size : 51. 52 MB
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There has never been a book like Sex and the Constitution, a one-volume history that chapter after chapter overturns popular shibboleths, while dramatically narrating the epic story of how sex came to be legislated in America. Beginning his volume in the ancient and medieval worlds, Geoffrey R. Stone demonstrates how the Founding Fathers, deeply influenced by their philosophical forebears, saw traditional Christianity as an impediment to the pursuit of happiness and to the quest for human progress. Acutely aware of the need to separate politics from the divisive forces of religion, the Founding Fathers crafted a constitution that expressed the fundamental values of the Enlightenment. Although the Second Great Awakening later came to define America through the lens of evangelical Christianity, nineteenth-century Americans continued to view sex as a matter of private concern, so much so that sexual expression and information about contraception circulated freely, abortions before “quickening” remained legal, and prosecutions for sodomy were almost nonexistent. The late nineteenth and early twentieth centuries reversed such tolerance, however, as charismatic spiritual leaders and barnstorming politicians rejected the values of our nation’s founders. Spurred on by Anthony Comstock, America’s most feared enforcer of morality, new laws were enacted banning pornography, contraception, and abortion, with Comstock proposing that the word “unclean” be branded on the foreheads of homosexuals. Women increasingly lost control of their bodies, and birth control advocates, like Margaret Sanger, were imprisoned for advocating their beliefs. In this new world, abortions were for the first time relegated to dank and dangerous back rooms. The twentieth century gradually saw the emergence of bitter divisions over issues of sexual “morality” and sexual freedom. Fiercely determined organizations and individuals on both the right and the left wrestled in the domains of politics, religion, public opinion, and the courts to win over the soul of the nation. With its stirring portrayals of Supreme Court justices, Sex and the Constitution reads like a dramatic gazette of the critical cases they decided, ranging from Griswold v. Connecticut (contraception), to Roe v. Wade (abortion), to Obergefell v. Hodges (gay marriage), with Stone providing vivid historical context to the decisions that have come to define who we are as a nation. Now, though, after the 2016 presidential election, we seem to have taken a huge step backward, with the progress of the last half century suddenly imperiled. No one can predict the extent to which constitutional decisions safeguarding our personal freedoms might soon be eroded, but Sex and the Constitution is more vital now than ever before.

Media Freedom And Pluralism

Author : Beata Klimkiewicz
ISBN : 9789639776739
Genre : Social Science
File Size : 56. 7 MB
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The book addresses a critical analysis of major media policies in the European Union and the Council of Europe at the period of profound changes affecting both media environments and use, as well as the logic of media policy making and reconfiguration of traditional regulatory models. The analytical problem-related approach explores three problem areas: freedom of expression as a regulatory rationale, AVMS Directive and content-related regulation, and media pluralism and structural regulation. This volume offers a perspective of both "new" and "old" EU Member States on a media policy process seen as an integral part of a European communication space formation and exercise of communication rights. Book jacket.

Should There Be Limits To Free Speech

Author : Laura K. Egendorf
ISBN : 0737714298
Genre : Juvenile Nonfiction
File Size : 52. 26 MB
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For more than two centuries, Americans have considered whether limits to free speech violate the First Amendment. The authors in this book debate free speech issues such as internet filters, flag burning, college speech codes, and wartime media.

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

Author : Stanley Eugene Fish
ISBN : 9780195093834
Genre : Political Science
File Size : 68. 53 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.

A Social Ontology

Author : David Weissman
ISBN : 0300079036
Genre : Philosophy
File Size : 52. 31 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.

Character Strengths And Virtues

Author : Christopher Peterson
ISBN : 0198037333
Genre : Psychology
File Size : 45. 86 MB
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"Character" has become a front-and-center topic in contemporary discourse, but this term does not have a fixed meaning. Character may be simply defined by what someone does not do, but a more active and thorough definition is necessary, one that addresses certain vital questions. Is character a singular characteristic of an individual, or is it composed of different aspects? Does character--however we define it--exist in degrees, or is it simply something one happens to have? How can character be developed? Can it be learned? Relatedly, can it be taught, and who might be the most effective teacher? What roles are played by family, schools, the media, religion, and the larger culture? This groundbreaking handbook of character strengths and virtues is the first progress report from a prestigious group of researchers who have undertaken the systematic classification and measurement of widely valued positive traits. They approach good character in terms of separate strengths-authenticity, persistence, kindness, gratitude, hope, humor, and so on-each of which exists in degrees. Character Strengths and Virtues classifies twenty-four specific strengths under six broad virtues that consistently emerge across history and culture: wisdom, courage, humanity, justice, temperance, and transcendence. Each strength is thoroughly examined in its own chapter, with special attention to its meaning, explanation, measurement, causes, correlates, consequences, and development across the life span, as well as to strategies for its deliberate cultivation. This book demands the attention of anyone interested in psychology and what it can teach about the good life.

The Silencing

Author : Kirsten Powers
ISBN : 9781621573913
Genre : Political Science
File Size : 51. 66 MB
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Lifelong liberal Kirsten Powers blasts the Left's forced march towards conformity in an exposé of the illiberal war on free speech. No longer champions of tolerance and free speech, the "illiberal Left" now viciously attacks and silences anyone with alternative points of view. Powers asks, "What ever happened to free speech in America?"

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