Freedom of expression : the revolutionary roots of American and French legal thought
著者
書誌事項
Freedom of expression : the revolutionary roots of American and French legal thought
（ASCL studies in comparative law）
Cambridge University Press, 2022
- : hardback
大学図書館所蔵 全5件
注記
Includes bibliographical references (p. 250-274) and index
内容説明・目次
内容説明
Two legal systems founded on similar Enlightenment philosophical and political values use state coercion differently to regulate a liberty at the core of the Enlightenment: freedom of expression. This comparative study of France and the United States proposes a novel theory of how the limits of freedom of expression are informed by different revolutionary experiences and constitutional and political arrangements. Ioanna Tourkochoriti argues that the different ways freedom of expression is balanced against other values in France and the United States can be understood in reference to the role of the government and the understanding of republicanism and liberty. This understanding affects how jurists define the content and the limits of a liberty and strike a balance between liberties in conflict. Exploring both the legal traditions of the two countries, this study sheds new light on the broader historical, social and philosophical contexts in which jurists operate.
目次
- 1. Introduction: speech, privacy and dignity in France and the United States
- 2. Antiquity, modernity, and historical imaginaries on the role of the government
- 3. The underlying ex ante understanding of liberty
- 4. The moralizing rational republic versus the state arbitrator of the free play of interests
- 5. Foundation of the rights of man on the rights of the citizen versus foundation of the rights of the citizen on the rights of man
- 6. Conclusion.
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