Freedom of Speech and Society

Freedom of Speech and Society
Author: Harry Melkonian
Publisher:
Total Pages: 213
Release: 2012
Genre: Law
ISBN: 9781604978209

Freedom of expression in the age of the internet--communication without borders--is a frequent subject of debate both on a political and legal level. However, the theoretical underpinnings have generally been confined to legal and philosophical analysis. These existing theories are not entirely satisfying because they cannot explain freedom of speech beyond the individual. This book presents arguments that freedom of expression in the twenty-first century can be approached as a social phenomenon through the application of sociological theory. Existing approaches are either confined to political communication or focus on individual wellbeing. In this book, sociological arguments for freedom of expression are derived from both Emile Durkheim's classical social theory and the contemporary theories of Jurgen Habermas. Application of these theories demonstrates that freedom of speech is essential from a societal point of view. This book is the first attempt to bring sociological theory into the free speech debate. Almost always viewed as an individual right, this study, using classical sociological theory, argues that freedom of expression is essential as a group right and that without an expansive freedom of expression, modern society simply cannot efficiently operate. Viewed through the lens of sociological theory, freedom of expression is seen to be not only desirable as an individual privilege but also essential as a societal right. To validate the use of classical sociological theory, the author demonstrates that empirical evidence concerning the demise of criminal libel is predicted by Durkheim's theory and that recent archeological evidence supports the continuing vitality of classical sociology. To bring sociological theory into the twenty-first century, the contributions of contemporary German sociologist Jurgen Habermas are also employed. This modern theory also validates the classical theory. Once viewed through the lens of social theory, freedom of expression as justified by traditional legal and philosophical is explored and then the two approaches are compared. While sociology and philosophy are not at odds, they are not perfectly congruent because one focuses on societal needs while the other is based on the individual. When combined, a more comprehensive perspective can be constructed and, perhaps, a more accurate need for freedom of expression is established. This is an important and ground-breaking book for political, media, and legal studies.

Free Will and Epistemology

Free Will and Epistemology
Author: Robert Lockie
Publisher: Bloomsbury Publishing
Total Pages: 321
Release: 2018-01-11
Genre: Philosophy
ISBN: 1350029068

In the first in-depth study of the transcendental argument for decades, Free Will and Epistemology defends a modern version of the famous transcendental argument for free will: that we could not be justified in undermining a strong notion of free will, as a strong notion of free will is required for any such process of undermining to be itself epistemically justified. By arguing for a conception of internalism that goes back to the early days of the internalist-externalist debates, it draws on work by Richard Foley, William Alston and Alvin Plantinga to explain the importance of epistemic deontology and its role in the transcendental argument. It expands on the principle that 'ought' implies 'can' and presents a strong case for a form of self-determination. With references to cases in the neuroscientific and cognitive-psychological literature, Free Will and Epistemology provides an original contribution to work on epistemic justification and the free will debate.

Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights
Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
Total Pages: 124
Release: 2017-08-04
Genre: Political Science
ISBN:

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Arguments for Liberty

Arguments for Liberty
Author: Aaron Ross Powell
Publisher: Cato Institute
Total Pages: 380
Release: 2016-12-06
Genre: Philosophy
ISBN: 194442413X

Two schools of thought have long dominated libertarian discussions about ethics: utilitarianism and natural rights. Those two theories are important, but they’re not the only ways people think about ethics and political philosophy. In Arguments for Liberty, you’ll find a broader approach to libertarianism. In each of Arguments for Liberty’s nine chapters a different political philosopher discusses how his or her preferred school of thought judges political institutions and why libertarianism best meets that standard. Though they end up in the same place, the paths they take diverge in fascinating ways. Readers will find in these pages not only an excellent introduction to libertarianism, but also a primer on some of the most important political and ethical theories. Assuming little or no training in academic philosophy, the essays guide readers through a continuous moral conversation spanning centuries and continents, from Aristotle in ancient Athens to twentieth-century philosopher John Rawls in the halls of Harvard. What’s the best political system? What standards should we use to decide, and why? Arguments for Liberty is a guide to thinking about these questions. It’s also a powerful, nine-fold argument for the goodness and importance of human liberty.

Freedom's Right

Freedom's Right
Author: Axel Honneth
Publisher: John Wiley & Sons
Total Pages: 441
Release: 2014-03-11
Genre: Philosophy
ISBN: 0745680062

The theory of justice is one of the most intensely debated areas of contemporary philosophy. Most theories of justice, however, have only attained their high level of justification at great cost. By focusing on purely normative, abstract principles, they become detached from the sphere that constitutes their “field of application” - namely, social reality. Axel Honneth proposes a different approach. He seeks to derive the currently definitive criteria of social justice directly from the normative claims that have developed within Western liberal democratic societies. These criteria and these claims together make up what he terms “democratic ethical life”: a system of morally legitimate norms that are not only legally anchored, but also institutionally established. Honneth justifies this far-reaching endeavour by demonstrating that all essential spheres of action in Western societies share a single feature, as they all claim to realize a specific aspect of individual freedom. In the spirit of Hegel’s Philosophy of Right and guided by the theory of recognition, Honneth shows how principles of individual freedom are generated which constitute the standard of justice in various concrete social spheres: personal relationships, economic activity in the market, and the political public sphere. Honneth seeks thereby to realize a very ambitious aim: to renew the theory of justice as an analysis of society.

The Oxford Handbook of Freedom of Speech

The Oxford Handbook of Freedom of Speech
Author: Adrienne Stone
Publisher: Oxford University Press, USA
Total Pages: 609
Release: 2021-01-14
Genre: Law
ISBN: 019882758X

The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.

Freedom's Law

Freedom's Law
Author: Ronald Dworkin
Publisher: OUP Oxford
Total Pages: 438
Release: 1999
Genre: Law
ISBN: 0198265573

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.

The Short Life and Curious Death of Free Speech in America

The Short Life and Curious Death of Free Speech in America
Author: Ellis Cose
Publisher: HarperCollins
Total Pages: 167
Release: 2020-09-15
Genre: Political Science
ISBN: 0062999737

Named one of Newsweek’s "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America—free speech—and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America’s social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump’s accusations of “fake news,” the free use of negative language against minority groups, “cancel culture,” and blatant xenophobia have caused Americans to question how far First Amendment protections can—and should—go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American’s life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation—and world—watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.

The Two Faces of American Freedom

The Two Faces of American Freedom
Author: Aziz Rana
Publisher: Harvard University Press
Total Pages: 428
Release: 2014-04-07
Genre: History
ISBN: 0674266552

The Two Faces of American Freedom boldly reinterprets the American political tradition from the colonial period to modern times, placing issues of race relations, immigration, and presidentialism in the context of shifting notions of empire and citizenship. Today, while the U.S. enjoys tremendous military and economic power, citizens are increasingly insulated from everyday decision-making. This was not always the case. America, Aziz Rana argues, began as a settler society grounded in an ideal of freedom as the exercise of continuous self-rule—one that joined direct political participation with economic independence. However, this vision of freedom was politically bound to the subordination of marginalized groups, especially slaves, Native Americans, and women. These practices of liberty and exclusion were not separate currents, but rather two sides of the same coin. However, at crucial moments, social movements sought to imagine freedom without either subordination or empire. By the mid-twentieth century, these efforts failed, resulting in the rise of hierarchical state and corporate institutions. This new framework presented national and economic security as society’s guiding commitments and nurtured a continual extension of America’s global reach. Rana envisions a democratic society that revives settler ideals, but combines them with meaningful inclusion for those currently at the margins of American life.