positive free speech rationales methods and implications

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Positive Free Speech

Author : Andrew Kenyon
ISBN : 1509908293
Genre :
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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
ISBN : 9781134461752
Genre : Philosophy
File Size : 67. 9 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 : 84. 48 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.

A Social Ontology

Author : David Weissman
ISBN : 0300079036
Genre : Philosophy
File Size : 78. 3 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,
ISBN : 9783845274393
Genre : Law
File Size : 30. 53 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).

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 : 69. 36 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.

The Politics Of Freedom

Author : David Boaz
ISBN : 9781933995144
Genre : Political Science
File Size : 23. 48 MB
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One of the leading libertarian commentators in the nation, David Boaz offers his unique and often surprising views on such hot-button issues as the presidential race, individual rights vs. national security, drugs, immigration, the war on terror, school choice, and government intrusion into private lives.

Freedom Of Religion And The Secular State

Author : Russell Blackford
ISBN : 9780470658864
Genre : Philosophy
File Size : 26. 94 MB
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Focusing on the intersection of religion, law and politics in contemporary liberal democracies, an analysis of the secular state applies a global focus to the subject of religious freedom from historical and philosophical viewpoints to illuminate many of today's most hotly contested debates.

Demokratie Oder Kapitalismus

Author :
ISBN : 3980492575
Genre : Capitalism
File Size : 62. 63 MB
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Papers From The First Amendment Discussion Group

Author : Florida State University. College of Law
ISBN : STANFORD:36105063783554
Genre : Law
File Size : 47. 94 MB
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