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Freedom of Religion or Belief: Creating the Constitutional Space for Fundamental Freedoms
by Brett G. Scharffs Neville G. Rochow Paul Babie BabieUsing the metaphor of ‘constitutional space’, this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. The book asserts that when governance is guided by principle, convergence creates greater space for all human rights and fundamental freedoms; both community and individuals thrive. Conversely when any right or freedom is given precedence over any other for reasons of political expediency, this results in the loss or diminution of human rights and fundamental freedoms. Addressing the issues surrounding the freedom of religion or belief, this timely book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom. Freedom of Religion or Belief will be a key resource for academics working in the fields of law and religion, law and society and human rights law. It will also appeal to practitioners and policy-makers working on the issue of religious freedom.
Freedom of Religion, Secularism, and Human Rights (Collected Courses of the Academy of European Law)
by Nehal BhutaThis interdisciplinary volume examines the relationship between secularism, freedom of religion and human rights in legal, theoretical, historical and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies and history, and provides insights into the state of the debate about the relationship between these concepts. Comparative in orientation, its chapters draw on constitutional and political discourses and experience not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia.
Freedom of Religion, Secularism, and Human Rights (Collected Courses of the Academy of European Law)
This interdisciplinary volume examines the relationship between secularism, freedom of religion and human rights in legal, theoretical, historical and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies and history, and provides insights into the state of the debate about the relationship between these concepts. Comparative in orientation, its chapters draw on constitutional and political discourses and experience not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia.
Freedom of Religion, Security and the Law: Key Challenges for a Pluralistic Society (Routledge-Giappichelli Studies in Religion, Law and Economics in the Mediterranean Space)
by Natascia Marchei Daniela MilaniThis collection addresses many of the issues arising from the management of religious and cultural diversity in a multicultural society and refers to the complex relationship between the right to religious freedom and security. In recent decades, and particularly since September 2001, the right to religious freedom, which has hitherto been widely protected, has come up against a significant challenge in terms of security, or rather, in the subjectively and publicly perceived feelings of security. This book collects original theoretical, legal and comparative contributions addressing several implications for the right to freedom of religion or belief through the lens of security. It offers a new key to understanding how to manage the processes of integration of religious diversity in multifaith societies. Written by leading experts in the area, the work reveals the importance of avoiding simplistic conclusions and unfounded prejudices about religious freedom, and of limiting restrictive or repressive interventions to situations of genuine danger. The book will be an essential resource for researchers, academics and policy-makers working in the areas of Law and Religion, Human Rights Law and Security Studies.
Freedom of Religion, Security and the Law: Key Challenges for a Pluralistic Society (Routledge-Giappichelli Studies in Religion, Law and Economics in the Mediterranean Space)
This collection addresses many of the issues arising from the management of religious and cultural diversity in a multicultural society and refers to the complex relationship between the right to religious freedom and security. In recent decades, and particularly since September 2001, the right to religious freedom, which has hitherto been widely protected, has come up against a significant challenge in terms of security, or rather, in the subjectively and publicly perceived feelings of security. This book collects original theoretical, legal and comparative contributions addressing several implications for the right to freedom of religion or belief through the lens of security. It offers a new key to understanding how to manage the processes of integration of religious diversity in multifaith societies. Written by leading experts in the area, the work reveals the importance of avoiding simplistic conclusions and unfounded prejudices about religious freedom, and of limiting restrictive or repressive interventions to situations of genuine danger. The book will be an essential resource for researchers, academics and policy-makers working in the areas of Law and Religion, Human Rights Law and Security Studies.
Freedom of Religious Organizations
by Jane Calderwood NortonReligious freedom is now widely accepted as fundamental to any liberal democracy. It is recognised in domestic, regional, and international human rights instruments and its importance is lauded by philosophers, lawyers, judges, clergy, and even politicians. While it is easy to support religious freedom in the abstract, tensions can arise between the activities of religious organizations and the law that challenge this general commitment to religious freedom. Should religious organizations be permitted to discriminate against women or gay people in their employment practices, when admitting members, or in providing goods and services? Should the courts interfere in these organizations to protect the interests of a disaffected member or to resolve internal property disputes? Should the state allow religious tribunals to determine or advise on family matters? While much has been written about religious individuals and the law, there has been a discernible lack of literature on organizations and the law. Jane Norton fills this gap with Freedom of Religious Organizations. By exploring potential conflicts between the law and religious organizations, and examining whether the current British response to such conflicts is justified, this book will consider when English law ought to apply to religious organizations and how these conflicts should be dealt with.
Freedom of Religious Organizations
by Jane Calderwood NortonReligious freedom is now widely accepted as fundamental to any liberal democracy. It is recognised in domestic, regional, and international human rights instruments and its importance is lauded by philosophers, lawyers, judges, clergy, and even politicians. While it is easy to support religious freedom in the abstract, tensions can arise between the activities of religious organizations and the law that challenge this general commitment to religious freedom. Should religious organizations be permitted to discriminate against women or gay people in their employment practices, when admitting members, or in providing goods and services? Should the courts interfere in these organizations to protect the interests of a disaffected member or to resolve internal property disputes? Should the state allow religious tribunals to determine or advise on family matters? While much has been written about religious individuals and the law, there has been a discernible lack of literature on organizations and the law. Jane Norton fills this gap with Freedom of Religious Organizations. By exploring potential conflicts between the law and religious organizations, and examining whether the current British response to such conflicts is justified, this book will consider when English law ought to apply to religious organizations and how these conflicts should be dealt with.
Freedom of Speech
by Eric BarendtThis is a fully revised and updated new edition of the classic work first published in 1985. There have been many important developments since the first edition, including enactment of the Charter of Rights and Freedoms in Canada in 1982, the impact of the European Human Rights Convention, and the consideration by English courts of Judgments of the European Court of Human Rights. Social and cultural changes mean that free speech claims are being made in novel contexts: to challenge the validity of bans on tobacco advertising, to publish 'kiss and tell' stories about celebrities, and to resist attempts to regulate the Internet. Barendt considers the meaning and scope of freedom of speech. How far do free speech and expression clauses protect pornography, commercial advertising, and public meetings on the streets? Does this freedom cover desecration of a national flag? Does it include nude dancing? Eric Barendt discusses the legal protection of free speech in countries including England, the United States (including recent decisions of the United States Supreme Court), Canada, Germany, and under the European Human Rights Convention. He examines the varied approaches of different legal systems and constitutional traditions to balancing free speech and freedom of the press against rights to reputation and privacy, and to copyright and explores the case law in light of the philosophical and political arguments for free speech guarantees.
Freedom of Speech: Words are not Deeds (Non-ser.)
by Harry M. BrackenThis work provides a philosophical framework within which the free speech clause of the Constitution's First Amendment may be understood. While much has been written on the First Amendment, this work is unique in offering an historically based thesis illuminating a point virtually ignored in the literature--the absolutist quality of the free speech clause and the philosophical dualism (words/deeds) on which it is based. Given the increasingly powerful forces favoring group rights in order to generate laws which would silence offensive speech, this book provides a radical challenge to the frameworks within which many such contemporary arguments are cast. It also reminds putative censors of the very special role free speech plays in any democratic community which aims to be self-governing.
Freedom of Speech: Documents Decoded (Documents Decoded)
by David L. Jr.Detailed yet highly readable, this book explores essential and illuminating primary source documents that provide insights into the history, development, and current conceptions of the First Amendment to the Constitution.The freedom to speak one's mind is a subject of great importance to most Americans but especially to students, minorities, and those who are socially or economically disadvantaged—individuals whose voices have historically been censored or marginalized in American society. Documents Decoded: Freedom of Speech offers accessible, student-friendly explanations of specific developments in freedom of speech in the United States and carefully excerpted primary documents, making it an indispensable resource for educators seeking to teach the First Amendment and for students wanting to learn more about important free-speech decisions. The chronologically ordered documents explore topics typically covered in American history and government curricula, addressing such contemporary issues as the regulation of online speech, flag desecration, parody, public school student speech, and the Supreme Court's recent decisions on the issue of corporate speech rights.
Freedom of Speech: Documents Decoded (Documents Decoded)
by David L. Jr.Detailed yet highly readable, this book explores essential and illuminating primary source documents that provide insights into the history, development, and current conceptions of the First Amendment to the Constitution.The freedom to speak one's mind is a subject of great importance to most Americans but especially to students, minorities, and those who are socially or economically disadvantaged—individuals whose voices have historically been censored or marginalized in American society. Documents Decoded: Freedom of Speech offers accessible, student-friendly explanations of specific developments in freedom of speech in the United States and carefully excerpted primary documents, making it an indispensable resource for educators seeking to teach the First Amendment and for students wanting to learn more about important free-speech decisions. The chronologically ordered documents explore topics typically covered in American history and government curricula, addressing such contemporary issues as the regulation of online speech, flag desecration, parody, public school student speech, and the Supreme Court's recent decisions on the issue of corporate speech rights.
Freedom of Speech: Rights and Liberties under the Law (America's Freedoms)
by Ken I. KerschAn innovative narrative approach combines history, politics, and legal doctrine to explore the origin and evolution of Americans' constitutional right to free speech.In a field dominated by jargon-filled texts and march-of-progress treatments, this book presents an insightful introduction to freedom of speech, skillfully blending legal analysis with accounts of how staunchly contested historical, political, and cultural issues often influenced legal reasoning.The volume traces the origins of the freedom in English law and its development through the founding of the United States, and examines how the unique struggles of 19th century Americans over such issues as political parties, slavery, women's rights, and economic inequality transformed this traditional English right into a distinctively American one. The book outlines the ways in which the U.S. Supreme Court became the prime interpreter of the meaning of free speech and introduces readers to current court rulings on the First Amendment. It also speculates about the political and legal developments likely to emerge in the new century.
Freedom of speech, 1500–1850 (Politics, Culture and Society in Early Modern Britain)
by Peter Lake Jason Peacey Alastair Bellany Robert Ingram Alex W. BarberThis collection brings together historians, political theorists and literary scholars to provide historical perspectives on the modern debate over freedom of speech, particularly the question of whether limitations might be necessary given religious pluralism and concerns about hate speech. It integrates religion into the history of free speech and rethinks what is sometimes regarded as a coherent tradition of more or less absolutist justifications for free expression. Contributors examine the aims and effectiveness of government policies, the sometimes contingent ways in which freedom of speech became a reality and a wide range of canonical and non-canonical texts in which contemporaries outlined their ideas and ideals. Overall, the book argues that while the period from 1500 to 1850 witnessed considerable change in terms of both ideas and practices, these were more or less distinct from those that characterise modern debates.
Freedom of speech, 1500–1850 (Politics, Culture and Society in Early Modern Britain)
by Jason Peacey Robert G. Ingram Alex W. BarberThis collection brings together historians, political theorists and literary scholars to provide historical perspectives on the modern debate over freedom of speech, particularly the question of whether limitations might be necessary given religious pluralism and concerns about hate speech. It integrates religion into the history of free speech and rethinks what is sometimes regarded as a coherent tradition of more or less absolutist justifications for free expression. Contributors examine the aims and effectiveness of government policies, the sometimes contingent ways in which freedom of speech became a reality and a wide range of canonical and non-canonical texts in which contemporaries outlined their ideas and ideals. Overall, the book argues that while the period from 1500 to 1850 witnessed considerable change in terms of both ideas and practices, these were more or less distinct from those that characterise modern debates.
Freedom of Speech and Employment Law: Practice in the British Courts
by David RentonThe law relating to freedom of speech has grown faster than any other area of employment law over the past decade. Press controversies over online speech, disputed claims to the Equality Act, and allegations of no-platforming have all had the effect of making this the most dynamic area of workplace law. This book provides an introduction to this changing area of law in Great Britain. The first part of the book explains the overarching principle of employment and free speech law; the second half provides detailed case studies in relation to the specific examples that most commonly come before the courts. The book will be an essential reference for students, academics, and professionals working in the areas of Employment Law, Human Rights Law, and Contract Law. The British example will be of interest to an international readership.
Freedom of Speech and Employment Law: Practice in the British Courts
by David RentonThe law relating to freedom of speech has grown faster than any other area of employment law over the past decade. Press controversies over online speech, disputed claims to the Equality Act, and allegations of no-platforming have all had the effect of making this the most dynamic area of workplace law. This book provides an introduction to this changing area of law in Great Britain. The first part of the book explains the overarching principle of employment and free speech law; the second half provides detailed case studies in relation to the specific examples that most commonly come before the courts. The book will be an essential reference for students, academics, and professionals working in the areas of Employment Law, Human Rights Law, and Contract Law. The British example will be of interest to an international readership.
Freedom of Speech and Expression: Its History, Its Value, Its Good Use, and Its Misuse (The Rutgers Lectures in Philosophy)
by Richard SorabjiThis is the second volume of the new Rutgers Lectures in Philosophy series, which publishes lectures of prominent intellectuals and philosophers delivered annually on the Rutgers New Brunswick campus. Sir Richard Sorabji here examines free speech through a historical lens from antiquity up to today. He first traces the concept's origins in ancient India, Rome, and Greece, and follows its evolution through early Christian, medieval, and Arabic philosophy. He then evaluates historical threats to free speech in literary, political, and religious contexts, and various legal constraints that have attempted to protect it. He discusses the tension between the benefits of free speech and its frustations and abuses, and argues for the use of voluntary self-restraint on such speech that frustrates its benefits, citing for example the art identified by Gandhi as "opening ears." Finally, he closes with an analysis of free speech on social media and the abuse of personal data and voter manipulation. With Freedom of Speech and Expression, Sorabji provides a comprehensive overview of the topic informed by his distinct philosophical analysis and perceptive commentary.
Freedom of Speech and Expression: Its History, Its Value, Its Good Use, and Its Misuse (The Rutgers Lectures in Philosophy)
by Richard SorabjiThis is the second volume of the new Rutgers Lectures in Philosophy series, which publishes lectures of prominent intellectuals and philosophers delivered annually on the Rutgers New Brunswick campus. Sir Richard Sorabji here examines free speech through a historical lens from antiquity up to today. He first traces the concept's origins in ancient India, Rome, and Greece, and follows its evolution through early Christian, medieval, and Arabic philosophy. He then evaluates historical threats to free speech in literary, political, and religious contexts, and various legal constraints that have attempted to protect it. He discusses the tension between the benefits of free speech and its frustations and abuses, and argues for the use of voluntary self-restraint on such speech that frustrates its benefits, citing for example the art identified by Gandhi as "opening ears." Finally, he closes with an analysis of free speech on social media and the abuse of personal data and voter manipulation. With Freedom of Speech and Expression, Sorabji provides a comprehensive overview of the topic informed by his distinct philosophical analysis and perceptive commentary.
Freedom of Speech and Information in Global Perspective
by Pekka Hallberg Janne VirkkunenThis book offers a unique exploration of the current state of freedom of speech as a basic right available to everyone. The research focuses on the different development stages of the concept of freedom of speech and the use of modern indicators to depict the its treatment in different legal cultures, including the obligations under international treaties and the effects that the globalising and digitalising environment have had on it. The authors conduct a broad survey of freedom of speech around the world, from Europe over Russia and both Americas to Africa, Asia, and Australia. The aim of this survey is to identify safeguards of freedom of speech on both a national and an international level, violations and threat scenarios, and in particular challenges to freedom of speech in the digital era.
Freedom of Speech and Its Limits (Law and Philosophy Library #38)
by Wojciech SadurskiIn authoritarian states, the discourse on freedom of speech, conducted by those opposed to non-democratic governments, focuses on the core aspects of this freedom: on a right to criticize the government, a right to advocate theories arid ideologies contrary to government-imposed orthodoxy, a right to demand institutional reforms, changes in politics, resignation of the incompetent and the corrupt from positions of authority. The claims for freedom of speech focus on those exercises of freedom that are most fundamental and most beneficial to citizens - and which are denied to them by the government. But in a by-and large democratic polity, where these fundamental benefits of freedom of speech are generally enjoyed by the citizens, the public and scholarly discourse on freedom of speech hovers about the peripheries of that freedom; the focus is on its outer boundaries rather than at the central territory of freedom of speech. Those borderline cases, in which people who are otherwise genuinely committed to the core aspects of freedom of speech may sincerely disagree, include pornography, racist hate speech and religious bigoted expressions, defamation of politicians and of private persons, contempt of court, incitement to violence, disclosure of military or commercial secrets, advertising of merchandise such as alcohol or cigarettes or of services and entertainment such as gambling and prostitution.
Freedom of Speech in International Law
by Ms Amal Clooney Lord David NeubergerFreedom of Speech in International Law charts the minimum protections for speech enshrined in international human rights law. It clarifies what the right to freedom of expression means under international law, identifies conflicts between law and state practice, and provides key recommendations as to how international standards should be interpreted, updated, and enforced. Each of the book's six chapters focusses on an area of the law that is being weaponized to silence the press or curtail freedom of expression. Chapters focus on insulting speech (including defamation and sedition laws), false speech (through misinformation or disinformation laws), hate speech, and speech affecting national security (in form of espionage/official secrets laws and terrorism laws). Each chapter outlines relevant state practice, identifies the conflicts that exist in international human rights law, and highlights areas for reform. Examples throughout the book demonstrate the legislative tools relied on by states to quash dissent - not just sedition, treason, and criminal insult laws that have traditionally targeted speech but, increasingly, terrorism, 'false news', and other vague laws to protect themselves against unflattering press. Recommendations at the end of each chapter aim to bridge the gap between practice and the legal obligations of both states and social media companies that have expressed voluntary adherence to the same standards. These recommendations build on existing standards, and have been endorsed by an esteemed group of experts from across the world, including the Media Freedom Coalition's High Level Panel of Legal Experts on Media Freedom.
Freedom of Speech in International Law
by Ms Amal Clooney Lord David NeubergerFreedom of Speech in International Law charts the minimum protections for speech enshrined in international human rights law. It clarifies what the right to freedom of expression means under international law, identifies conflicts between law and state practice, and provides key recommendations as to how international standards should be interpreted, updated, and enforced. Each of the book's six chapters focusses on an area of the law that is being weaponized to silence the press or curtail freedom of expression. Chapters focus on insulting speech (including defamation and sedition laws), false speech (through misinformation or disinformation laws), hate speech, and speech affecting national security (in form of espionage/official secrets laws and terrorism laws). Each chapter outlines relevant state practice, identifies the conflicts that exist in international human rights law, and highlights areas for reform. Examples throughout the book demonstrate the legislative tools relied on by states to quash dissent - not just sedition, treason, and criminal insult laws that have traditionally targeted speech but, increasingly, terrorism, 'false news', and other vague laws to protect themselves against unflattering press. Recommendations at the end of each chapter aim to bridge the gap between practice and the legal obligations of both states and social media companies that have expressed voluntary adherence to the same standards. These recommendations build on existing standards, and have been endorsed by an esteemed group of experts from across the world, including the Media Freedom Coalition's High Level Panel of Legal Experts on Media Freedom.
Freedom of the Press (Library of Essays in Media Law)
by Eric BarendtBringing together the most seminal articles written by leading international experts, this volume discusses all aspects of freedom of the press. The papers in the first part of this volume discuss the meaning of press freedom and its relationship to freedom of speech, while those in the second part discuss the extent to which self-regulation is a satisfactory alternative to legal controls. The essays in parts III and IV explore the various solutions adopted in the USA and in some Commonwealth countries to balancing the freedom of the press and other media against the laws of libel and privacy. They discuss, among other issues, the question whether courts should apply the same constitutional principles to privacy actions as those developed in libel law and how far celebrities are entitled to claim privacy rights when they are photographed in public places.
Freedom of the Press (Library of Essays in Media Law)
by Eric BarendtBringing together the most seminal articles written by leading international experts, this volume discusses all aspects of freedom of the press. The papers in the first part of this volume discuss the meaning of press freedom and its relationship to freedom of speech, while those in the second part discuss the extent to which self-regulation is a satisfactory alternative to legal controls. The essays in parts III and IV explore the various solutions adopted in the USA and in some Commonwealth countries to balancing the freedom of the press and other media against the laws of libel and privacy. They discuss, among other issues, the question whether courts should apply the same constitutional principles to privacy actions as those developed in libel law and how far celebrities are entitled to claim privacy rights when they are photographed in public places.
Freedom of the Press: Rights and Liberties under the Law (America's Freedoms)
by Nancy C. CornwellAn authoritative yet accessible analysis of the historical development and contemporary scope of press freedoms in America.Freedom of the Press: Rights and Liberties under the Law examines the evolution of press freedom in America, a particularly relevant topic given the controversy over the role of the press in the war in Iraq, as well as the growing concentration of ownership of the press, and the impact of the Internet on traditional journalism. An opening analysis of challenges from recent developments like Internet journalist Matt Drudge's "Drudge Report" illustrates the opportunities and implications of a press operating without the traditional gate-keeping process.A historical overview of philosophical ideas and English traditions precedes an exploration into the judicial, regulatory, social, political, and economic developments that have shaped press freedoms, addressing such issues as libel, free press versus fair trial, and access to courtrooms. A chapter is devoted to the impact of new communication and transmission technology such as videophones and satellites.