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 : 65. 84 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 : 73. 66 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.

Speaking Back

Author : Katharine Gelber
ISBN : 9789027297709
Genre : Language Arts & Disciplines
File Size : 62. 91 MB
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This book proposes an original policy framework for addressing hate speech. Gelber argues that a policy designed to provide support to affected groups and communities to enable them to speak back when hate speech occurs, is a more useful way of addressing the harms of hate speech than punitive measures. She suggests that “speaking back” allows the affected groups to contradict the messages contained in the words of the hate speakers, and to counteract the silencing, disempowering and marginalising effects of hate speech. Gelber’s argument uniquely synthesises the ideas of defending the importance of participating in speech, recognising the harms of hate speech and acknowledging that targeted groups may require assistance to respond.

On Liberty

Author : John Stuart Mill
ISBN : HARVARD:HB0O3S
Genre : Civil rights
File Size : 75. 6 MB
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The Shaping Of The First Amendment

Author : Paul L. Murphy
ISBN : STANFORD:36105041130951
Genre : History
File Size : 38. 90 MB
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Development As Freedom

Author : Amartya Sen
ISBN : 9780307874290
Genre : Business & Economics
File Size : 77. 95 MB
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By the winner of the 1988 Nobel Prize in Economics, an essential and paradigm-altering framework for understanding economic development--for both rich and poor--in the twenty-first century. Freedom, Sen argues, is both the end and most efficient means of sustaining economic life and the key to securing the general welfare of the world's entire population. Releasing the idea of individual freedom from association with any particular historical, intellectual, political, or religious tradition, Sen clearly demonstrates its current applicability and possibilities. In the new global economy, where, despite unprecedented increases in overall opulence, the contemporary world denies elementary freedoms to vast numbers--perhaps even the majority of people--he concludes, it is still possible to practically and optimistically restain a sense of social accountability. Development as Freedom is essential reading.

Freedom Of Communication

Author : Tom D. Campbell
ISBN : UOM:39015032154711
Genre : Law
File Size : 73. 17 MB
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Michigan Law Review

Author :
ISBN : UOM:39015036818386
Genre : Law reviews
File Size : 45. 20 MB
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Should There Be Limits To Free Speech

Author : Laura K. Egendorf
ISBN : 0737714298
Genre : Juvenile Nonfiction
File Size : 39. 34 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.

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