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Freedom, Justice, and Decolonization
by Lewis R. GordonThe eminent scholar Lewis R. Gordon offers a probing meditation on freedom, justice, and decolonization. What is there to be understood and done when it is evident that the search for justice, which dominates social and political philosophy of the North, is an insufficient approach for the achievements of dignity, freedom, liberation, and revolution? Gordon takes the reader on a journey as he interrogates a trail from colonized philosophy to re-imagining liberation and revolution to critical challenges raised by Afropessimism, theodicy, and looming catastrophe. He offers not forecast and foreclosure but instead an urgent call for dignifying and urgent acts of political commitment. Such movements take the form of examining what philosophy means in Africana philosophy, liberation in decolonial thought, and the decolonization of justice and normative life. Gordon issues a critique of the obstacles to cultivating emancipatory politics, challenging reductionist forms of thought that proffer harm and suffering as conditions of political appearance and the valorization of nonhuman being. He asserts instead emancipatory considerations for occluded forms of life and the irreplaceability of existence in the face of catastrophe and ruin, and he concludes, through a discussion with the Circassian philosopher and decolonial theorist, Madina Tlostanova, with the project of shifting the geography of reason.
The Freedom of a Christian Ethicist: The Future of a Reformation Legacy
by Brian Brock Michael MawsonWhat is the significance of the Protestant Reformation for Christian ethical thinking and action? Can core Protestant commitments and claims still provide for compelling and viable accounts of Christian living. This collection of essays by leading international scholars explores the relevance of the Protestant Reformation and its legacy for contemporary Christian ethics.
The Freedom of a Christian Ethicist: The Future of a Reformation Legacy
by Dr Brian Brock Dr Michael MawsonWhat is the significance of the Protestant Reformation for Christian ethical thinking and action? Can core Protestant commitments and claims still provide for compelling and viable accounts of Christian living. This collection of essays by leading international scholars explores the relevance of the Protestant Reformation and its legacy for contemporary Christian ethics.
Freedom of Artistic Expression: Essays on Culture and Legal Censure
by Paul KearnsThis book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts.
Freedom of Artistic Expression: Essays on Culture and Legal Censure
by Paul KearnsThis book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts.
Freedom of Association: Rights and Liberties under the Law (America's Freedoms)
by Robert J. BreslerFrom colonial times to the information age, an exhaustive survey of one of America's most contentious constitutional rights.Freedom of Association: Rights and Liberties under the Law chronicles the evolution of a right derived from but not granted in the First Amendment—freedom of association. An opening analysis of the Supreme Court's ruling against a gay adult member of the Boy Scouts of America illustrates the range and complexity of this issue.Historical discussions of colonial America, including the British Parliament's efforts to suppress political associations, set the stage for a careful scrutiny of the political and legislative activities of the 1950s and 1960s when the Supreme Court established freedom of association as a constitutionally protected right. A concluding chapter delves into the contemporary issues of antidiscriminatory and campaign finance laws and explores the ever-present tension between liberty—freedom from the state—and equality—protection by the state.
Freedom of Contract and Paternalism: Prospects and Limits of an Economic Approach (Perspectives from Social Economics)
by P. CserneA theoretical discussion and internal critique of mainstream law and economics scholarship, especially as it approaches the issue of paternalism. Cserne discusses how, and to what extent, economic analysis can explain and/or justify the limitations on freedom of contract, with special emphasis on paternalism.
Freedom of Expression and Religious Hate Speech in Europe (Routledge Research in Human Rights Law)
by Erica HowardIn recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. The author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.
Freedom of Expression and Religious Hate Speech in Europe (Routledge Research in Human Rights Law)
by Erica HowardIn recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. The author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.
Freedom of Expression and the Media
by Merris Amos Jackie Harrison Lorna WoodsFreedom of expression – particularly freedom of speech – is, in most Western liberal democracies, a well accepted and long established, though contested constitutional right or principle. Whilst based in ethical, rights-based and political theories such as those of: justice, the good life, personal autonomy, self determination, and welfare, as well as arrangements over legitimate government, pluralism and its limits, democracy and the extent and role of the state, there is always a lack of agreement over what precisely freedom of expression entails and how it should be applied. For the purposes of this book we are concerned with freedom of expression and the media with regard to the current application of legal standards and self-regulation to journalistic practice.
Freedom of Expression as Self-Restraint
by Matthew H. KramerFreedom of Expression as Self-Restraint provides a novel justificatory foundation for the principle of freedom of expression. As the book argues, such a principle is absolute in that it is exceptionless; it imposes general duties that are binding always and everywere on every system of governance. In addition to injecting a new level of philosophical sophistication into the debates over freedom of expression, the book ties the principle to an ideal of governmental self-restraint, and it shows how that ideal connects to the paramount moral responsibility of every system of governance: the responsibility to bring about the political, social, and economic conditions under which every member of society can be warranted in harbouring an ample sense of self-respect. In short, compliance by a system of governance with the principle of freedom of expression is integral to the fulfilment of that paramount responsibility.
Freedom of Expression as Self-Restraint
by Matthew H. KramerFreedom of Expression as Self-Restraint provides a novel justificatory foundation for the principle of freedom of expression. As the book argues, such a principle is absolute in that it is exceptionless; it imposes general duties that are binding always and everywere on every system of governance. In addition to injecting a new level of philosophical sophistication into the debates over freedom of expression, the book ties the principle to an ideal of governmental self-restraint, and it shows how that ideal connects to the paramount moral responsibility of every system of governance: the responsibility to bring about the political, social, and economic conditions under which every member of society can be warranted in harbouring an ample sense of self-respect. In short, compliance by a system of governance with the principle of freedom of expression is integral to the fulfilment of that paramount responsibility.
Freedom of Expression in a Diverse World (AMINTAPHIL: The Philosophical Foundations of Law and Justice #3)
by Deirdre GolashThe essays in this volume consider issues at the intersection of freedom of expression and racial, cultural, and gender diversity. The claims of those whose cultures and beliefs differ from our own are no longer the exclusive province of diplomats, as the Danish newspaper that published cartoons ridiculing Mohammed quickly learned. Negotiating the claims of freedom of expression as they come into open conflict with a wide diversity of viewpoints, both domestically and internationally, has become an increasingly complex task. The present volume seeks both to provide fresh insight into the philosophical grounds for limiting government restriction of expression and to address current tensions between freedom of expression and pluralism. The suppression of ideas by government is no doubt as old as government itself. Ideas help to keep governments in power, and opposing ideas can help them to lose it. As well, through most of the history of the world, the belief that some know b- ter than others what is true, what is right, and what is valuable has been sufficiently widespread to make it seem natural for those betters to dictate for the rest what they should believe. Just as clerics did not hesitate to dictate to their congregations, Christians did not hesitate to impose their beliefs on non-Christians in order to save their souls.
Freedom of Expression in Eighteenth Century Russia
by K.A. PapmehlThis study is an expanded and revised version of a thesis accepted for the Ph. D. Degree by the University of London in 1965. My sincere thanks go to Dr. Bertha Malnick, formerly of the School of Slavonic and East European Studies, for her valuable advice, criticism, and encourage ment. Some of the material used in Chapters Three and Four has been published earlier in The Slavonic & East European Review, and I am grateful to the Editors of that journal for their kind permission to draw on it for the present purpose. Most of my research was carried out in the libraries of the British Museum and of the School of Slavonic and East European Studies, and I wish to thank the many members of the staff of both these institutions who facilitated my labours. My thanks also go to the ladies of York University Secretarial Services involved in preparing the manuscript for the press. Finally, I must acknowledge the immense debt of gratitude lowe to my wife, without whose co-operation the whole project could never have materialised. The responsibility for all opinions expressed in this book and for all its shortcomings is entirely my own. Toronto, Canada December 1970 INTRODUCTION The eighteenth century for Russia marks the transition from the medieval (i. e. religious) to the modern European (i. e.
Freedom of Expression in Islam: Challenging Apostasy and Blasphemy Laws
by Edited by Muhammad Khalid Masud, Kari Vogt, Lena Larsen and Christian MoeIn Muslim countries, apostasy and blasphemy laws are defended on the grounds that they are based on Islamic Shari'a and intended to protect religion. But blasphemy and apostasy laws can be used both to suppress thought and debate and to harass religious minorities, both inside and outside Islam. This book – comprising contributions from Muslim scholars, experts and activists - critically and constructively engages with the theological, historical and legal reasoning behind the most restrictive state laws around the world to open up new ways of thinking. The book focuses on the struggle within Muslim societies in Iran, Egypt, Pakistan and Indonesia where blasphemy and apostasy laws serve powerful groups to silence dissent and stifle critical thought. The first part of the book covers the development of the law in shifting historical circumstances and surveys the interpretations of Qur'anic verses that seem to affirm freedom of religion. The second part examines the present politics and practices of prosecuting alleged blasphemers and/or apostates in Muslim countries. The third part looks to the future and where reforms of the law could be possible.Debates on Islam and freedom of expression are often cast in polarizing terms of rights versus religion, East versus West. This volume avoids such approaches by bringing together a diverse group of Muslim scholars and activists with the knowledge, commitment and courage to contest repressive interpretations of religion and provide a resource for reclaiming the human rights to freedom of expression and belief.
Freedom of Expression in Islam: Challenging Apostasy and Blasphemy Laws
In Muslim countries, apostasy and blasphemy laws are defended on the grounds that they are based on Islamic Shari'a and intended to protect religion. But blasphemy and apostasy laws can be used both to suppress thought and debate and to harass religious minorities, both inside and outside Islam. This book – comprising contributions from Muslim scholars, experts and activists - critically and constructively engages with the theological, historical and legal reasoning behind the most restrictive state laws around the world to open up new ways of thinking. The book focuses on the struggle within Muslim societies in Iran, Egypt, Pakistan and Indonesia where blasphemy and apostasy laws serve powerful groups to silence dissent and stifle critical thought. The first part of the book covers the development of the law in shifting historical circumstances and surveys the interpretations of Qur'anic verses that seem to affirm freedom of religion. The second part examines the present politics and practices of prosecuting alleged blasphemers and/or apostates in Muslim countries. The third part looks to the future and where reforms of the law could be possible.Debates on Islam and freedom of expression are often cast in polarizing terms of rights versus religion, East versus West. This volume avoids such approaches by bringing together a diverse group of Muslim scholars and activists with the knowledge, commitment and courage to contest repressive interpretations of religion and provide a resource for reclaiming the human rights to freedom of expression and belief.
Freedom of Information Law and Good Governance: The Curse of Corruption in Sierra Leone
by Emmanuel Saffa AbdulaiThis book argues that Sierra Leone’s ten-year civil conflict demonstrates the criticality of freedom of information (FOI) as a facet of good governance where corruption thrives, spanning both public and private sectors, if Sierra Leone’s continued security and stability are to be ensured. It argues that it was the absence of an anti-corruption tool like FOI and its attendants, transparency, and accountability, in governance generally, and in the area of the extractive industry in particular, that lead to other social phenomena which directly sparked the war. It proffers that for the continued consolidation of peace, security, stability and development in Sierra Leone, transparency and accountability must be ensured by protecting and implementing the demand driven anti-graft FOI.Straddling the disciplines of law, political science, public policy, and history, the book’s major premise is that it was the absence of FOI in the area of governance and the extractive industry, which enabled politicians, civil servants and the politically connected to ransom and exploit Sierra Leone’s mineral resources for their own profit with impunity, a state of affairs which led to underdevelopment, state collapse and an embittered civil populace especially the youth. The book postulates that as such any attempt to ensure long-term peace in Sierra Leone, should seek to avoid replicating the conditions that gave rise to that gruesome conflict- elites expropriation of national resources through endemic graft. The book proposes the comprehensive and effective implementation of the Right to Information Act 2013.
Freedom of Navigation and the Law of the Sea: Warships, States and the Use of Force (Routledge Research on the Law of the Sea)
by Cameron MooreThere has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.
Freedom of Navigation and the Law of the Sea: Warships, States and the Use of Force (Routledge Research on the Law of the Sea)
by Cameron MooreThere has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.
Freedom of Overflight: A Study of Coastal State Jurisdiction in International Airspace (Aerospace Law and Policy Series)
by Merinda E. StewartFreedom of overflight is in large part uncontroversial. However, several recent international disputes and subsequent scrutiny of the exercise of coastal State jurisdiction in international airspace have highlighted the problematic legal nature of this freedom – namely, how a State’s ‘creeping jurisdiction’ may encroach upon the rights of other States. This groundbreaking book examines in depth the ambiguous areas at the nexus of air law and the law of the sea with respect to the balance between coastal State jurisdiction and freedom of overflight, thus providing greater legal certainty regarding State actions involving overflight in international airspace. The author identifies and thoroughly examines three highly salient matters impacting overflight in international waters: the right of a State to establish safety zones around maritime constructions and the legitimacy of extending these safety zones to the airspace; what, if anything, under international civil aviation law specifically, prohibits a State from discriminating against the aircraft of another State in international airspace within its flight information region; and whether air defence identification zones can be justified as customary international law. Also considered is the law of the sea concerning transit passage through international straits and archipelagic sea lanes as applied to airspace users. This is the first detailed study of overflight to combine the perspectives of international civil aviation law and the law of the sea. As such, it presents a comprehensive analysis of the legality of attempts by coastal States to exercise jurisdiction in international airspace over aircraft registered in other States, thus taking a giant step towards determining what freedom of overflight entails by establishing its legitimate limitations. It will be welcomed by practitioners, policymakers, and academics concerned with international transportation, national defence, international trade, and other areas of international law.
Freedom of Religion: An Ambiguous Right in the Contemporary European Legal Order (Swedish Studies in European Law)
by Hedvig Bernitz Victoria EnkvistIn most European societies of today, religion and questions about religion are gaining relevance and importance. This development can be explained in several ways, for instance by ongoing demographic changes in Europe and new standards and values in the European societies. Because of this novel focus, the debate on the interpretation and scope of freedom of religion has intensified in politics, media and of course in law. The interpretation of the right is complex and varies within different legal contexts on the international, European and the national level. This has resulted in a right that is ambiguous and sometimes difficult to claim and assert for right holders.This book presents a variety of perspectives on, and interpretations of, the concept of freedom of religion in different European countries and against the background of the European Convention of Human Rights, the EU Charter on Fundamental Rights and other international treaties. The book contains contributions by leading legal scholars working in the field in Sweden, the Nordic countries and wider Europe.
Freedom of Religion: An Ambiguous Right in the Contemporary European Legal Order (Swedish Studies in European Law)
In most European societies today, religion and questions about religion are increasing in relevance and importance. This development can be explained in several ways, for example by continuous demographic changes and new societal standards and values.As a consequence, the debate on the interpretation and scope of the right to freedom of religion has intensified in politics, media and, of course, law. The right to freedom of religion is complex and varies within different legal contexts at the international, European and national levels. This has resulted in a right that is ambiguous and sometimes difficult for individuals to claim and for states to assert.This book presents a variety of perspectives on the concept of freedom of religion in different European countries against the background of the European Convention on Human Rights, the EU Charter of Fundamental Rights and other international treaties. It contains contributions from leading legal scholars working in these fields in Sweden, the Nordic countries and wider Europe.
Freedom of Religion and Belief in Turkey: Religion, Society and Politics
by Özgür Heval ÇınarThe freedom of thought, conscience, and religion, from which stem the tenets of pluralism, tolerance, and open-mindedness, are some of the most basic freedoms of a democratic society. This book illustrates the current state of the freedom of religion or belief in Turkey and the challenges and complex problems facing it, concentrating on the most topical issues: being compelled to reveal one’s religion and beliefs on the national identity card; the right of conscientious objection and conscientious objectors; compulsory religious education; recognition of faith groups and the opening of places of worship; and using and wearing religious symbols and dress in the public sphere.
Freedom of Religion and Religious Diversity: State Accommodation of Religious Minorities (ISSN)
by Md Jahid Hossain Bhuiyan Ann BlackToday, pluralism is increasingly the norm and can be seen as a permanent characteristic of modernity. As seen in world events, religion has not become irrelevant but more diverse, giving rise to a complex web of religion and belief minorities, together with intra-plural majorities. Nations seek ways to implement the ideal of freedom of religion, but as this book shows, whether East or West, in the global North or the South, there is no simple formalism for accommodating religious diversity. Different faith communities have competing needs and demands for the same social space, with tensions inevitably arising. This book highlights responses from liberal democracies which enshrine secularism into their constitutions to other constitutions where religion and ethnic identity are enshrined to prioritise their ethno-religious majority. Western and Asian countries encounter different obstacles and challenges. With analysis from 19 international scholars, the book explores different obstacles and responses to accommodation of religious minorities in a range of jurisdictions. In a globalised world, it will be invaluable for comparative legal scholars, for law and religion scholars, researchers and students, and decision-makers, e.g., governments, non-governmental organisations, and for those who seek to better understand the challenges of our time.
Freedom of Religion and Religious Diversity: State Accommodation of Religious Minorities (ISSN)
Today, pluralism is increasingly the norm and can be seen as a permanent characteristic of modernity. As seen in world events, religion has not become irrelevant but more diverse, giving rise to a complex web of religion and belief minorities, together with intra-plural majorities. Nations seek ways to implement the ideal of freedom of religion, but as this book shows, whether East or West, in the global North or the South, there is no simple formalism for accommodating religious diversity. Different faith communities have competing needs and demands for the same social space, with tensions inevitably arising. This book highlights responses from liberal democracies which enshrine secularism into their constitutions to other constitutions where religion and ethnic identity are enshrined to prioritise their ethno-religious majority. Western and Asian countries encounter different obstacles and challenges. With analysis from 19 international scholars, the book explores different obstacles and responses to accommodation of religious minorities in a range of jurisdictions. In a globalised world, it will be invaluable for comparative legal scholars, for law and religion scholars, researchers and students, and decision-makers, e.g., governments, non-governmental organisations, and for those who seek to better understand the challenges of our time.