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An Egalitarian Conception of Liberal Rights

Thomas Christiano

in The Constitution of Equality: Democratic Authority and Its Limits

Published in print:
2008
Published Online:
September 2008
ISBN:
9780198297475
eISBN:
9780191716867
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198297475.003.0005
Subject:
Political Science, Comparative Politics, Political Theory

This chapter argues that liberal rights — such as the rights of freedom of conscience, freedom of association, and freedom of speech — are grounded in the fundamental interests of persons and the ... More


The Art of Expression

Timothy Macklem

in Independence of Mind

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199535446
eISBN:
9780191709074
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199535446.003.0001
Subject:
Law, Philosophy of Law

This chapter argues that expression is not merely a matter of representing one's thoughts to the world, for the enterprise of expressing oneself is as much about creation as it is about ... More


Freedom of Expression, Belief, and Assembly

Brice Dickson

in The European Convention on Human Rights and the Conflict in Northern Ireland

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199571383
eISBN:
9780191721854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571383.003.0011
Subject:
Law, Human Rights and Immigration

The law relating to the freedoms protected by Articles 9 to 11 of the European Convention — freedom of speech, belief, assembly, and association — has in Northern Ireland always been similar to that ... More


Defamation and Freedom of Speech

Dario Milo

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.001.0001
Subject:
Law, Law of Obligations, Human Rights and Immigration

The law of defamation contemplates the clash of two fundamental rights: the right to freedom of expression and the right to reputation. The rules of defamation law are designed to mediate between ... More


The Millian Epistemological Argument for Autonomy Rights

William J. Talbott

in Human Rights and Human Well-Being

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195173482
eISBN:
9780199872176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195173482.003.0008
Subject:
Philosophy, Political Philosophy

This chapter applies the Millian epistemology to ground a robust, inalienable right to freedom of expression and to ground the other autonomy rights, as necessary for the process of the social ... More


Freedom of Expression in History and in Theory

Nicholas Harrison

in Circles of Censorship: Censorship and its Metaphors in French History, Literature, and Theory

Published in print:
1996
Published Online:
October 2011
ISBN:
9780198159094
eISBN:
9780191673481
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198159094.003.0002
Subject:
Literature, European Literature

Sade gave much importance to the fact that man's rights included the right of free communication of opinions and thoughts. The Déclaration des droits de l'homme et du citoyen was constructed on 16 ... More


The Prohibition of Propaganda for War in International Human Rights Treaties

Michael G. Kearney

in The Prohibition of Propaganda for War in International Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199232451
eISBN:
9780191716034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232451.003.0005
Subject:
Law, Public International Law

This chapter examines the manner in which Article 20(1) of the Covenant has been interpreted and applied. Drawing on the periodic reports of states parties to the Human Rights Committee, and the ... More


Freedom of Expression as a Human Right

LARRY ALEXANDER

in Protecting Human Rights: Instruments and Institutions

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264063
eISBN:
9780191718304
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264063.003.0003
Subject:
Law, Human Rights and Immigration

This chapter discusses views regarding freedom of expression. It determines the scope of freedom of expression, and discusses freedom of expression on Track Two. It explains that the Track Two ... More


When the State Speaks, What Should It Say?: Democratic Persuasion and the Freedom of Expression

Corey Brettschneider

in When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691147628
eISBN:
9781400842377
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691147628.003.0004
Subject:
Philosophy, Political Philosophy

This chapter focuses on democratic persuasion. Although democratic persuasion stresses the importance of an active role for the legitimate state in promoting democratic values, value democracy does ... More


The Media in European and International Human Rights Law

Perry Keller

in European and International Media Law: Liberal Democracy, Trade, and the New Media

Published in print:
2011
Published Online:
September 2011
ISBN:
9780198268550
eISBN:
9780191728518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268550.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

Chapter Six sets out, separately, the principles and rules of European and international human rights law that most directly affect the media. The Chapter examines the ECHR Article 10 right to ... More


The Protection of Human Rights

Hiroshi Oda

in Japanese Law

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199232185
eISBN:
9780191705335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232185.003.0006
Subject:
Law, Comparative Law

This chapter discusses human rights protection in Japan. Topics covered include the development of human rights law, the Constitution, restrictions on human rights, freedom of expression, access to ... More


Commercial Expression in Canada

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0013
Subject:
Law, Human Rights and Immigration

Constitutional protection in the full sense (that is, a right whose enforcement may lead to invalidation of legislation) for freedom of expression in Canada is relatively recent compared with that in ... More


The Law of Holocaust Denial in Europe

Laurent Pech

in Genocide Denials and the Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199738922
eISBN:
9780199895199
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738922.003.0007
Subject:
Law, Public International Law

The full implementation of the recently adopted EU Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law (EU FD on racism) will radically ... More


Regional Human Rights Bodies

ANDREW CLAPHAM

in Human Rights Obligations of Non-State Actors

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199288465
eISBN:
9780191707681
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288465.003.0010
Subject:
Law, Human Rights and Immigration

This chapter covers the case-law of the regional human rights systems. Key topics include killings by non-state actors, slavery and forced labour, privacy, and freedom of expression and assembly.


Hearers’ Rights

Roger A. Shiner

in Freedom of Commercial Expression

Published in print:
2003
Published Online:
March 2012
ISBN:
9780198262619
eISBN:
9780191682353
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262619.003.0021
Subject:
Law, Human Rights and Immigration

This chapter explores proposed justifications for the commercial expression doctrine based on the idea that the corporation whose expression is regulated or restricted has a derived autonomy right of ... More


The Twisted Road from Prince Albert to Campbell, and Beyond: Towards a Right of Privacy?

Roger Errera

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0025
Subject:
Law, Legal History

This chapter discusses the reconciliation of the right to privacy with the right of free expression. Part one comments on the first stage of the national debate on privacy, from the early 1960s to ... More


The Media and the Liberal Democratic State

Perry Keller

in European and International Media Law: Liberal Democracy, Trade, and the New Media

Published in print:
2011
Published Online:
September 2011
ISBN:
9780198268550
eISBN:
9780191728518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268550.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

Chapter Two examines the foundations of the relationship between the media and the liberal democratic state, breaking it down into three broad perspectives: the liberty to publish free from external ... More


The Prohibition of Propaganda for War in International Law

Michael G. Kearney

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199232451
eISBN:
9780191716034
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232451.001.0001
Subject:
Law, Public International Law

Drawing on primary materials from the League of Nations to the Rome Statute of the International Criminal Court, this book makes the case for the revitalization of a provision of international law ... More


Hate Speech, Extreme Speech, and Collective Defamation in French Law

Pascal Mbongo

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0013
Subject:
Law, Human Rights and Immigration

This chapter provides a picture of the French authorities' (Government and judges) interference in the freedom of expression which are justified by the refusal of Hate speech. These interferences ... More


Introduction

Dario Milo

in Defamation and Freedom of Speech

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199204922
eISBN:
9780191709449
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204922.003.0001
Subject:
Law, Law of Obligations, Human Rights and Immigration

This introductory chapter begins with a brief discussion of the main purpose of this book, which is to address the question of whether the civil law of defamation, more particularly in its common law ... More


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