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Book Liberal Democracy  Law and the Citizen Speaker

Download or read book Liberal Democracy Law and the Citizen Speaker written by Ian Cram and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delivers an original, theoretically informed analysis of the legal regulation of online speech. Rejecting the narrow pluralism of elitist and deliberative accounts of the citizen's role in political discourse, the book defends a participatory account of speech in non-deliberative settings. The latter account of political pluralism best captures the republican democratic aspiration for popular, on-going authorship of the laws and the centrality of freedom to dissent in democratic theory. The legal and policy implications for governments and social media platforms of this inclusive envisioning of public discourse are then elaborated upon. In the digital world, anyone with access to the internet can be a speaker. Speech on public platforms has become democratised. At the same time, aspects of online speech are plainly problematic. Concerns exist about disinformation, 'fake news', 'deep fakes', 'weaponised speech' and 'trolls'. Offensive speech and the polarising effects of robustly expressed political opinion are also troublesome. These assorted downsides of democratised speech are said to undermine the integrity of democratic processes and institutions. Public debate is distorted and coarsened and the electorate are misled. How ought the liberal democratic state respond to these challenges? The discussion is intended to be read by academics and researchers with interests in democratic theory, digital communications and freedom of expression. It offers a stimulating and distinctive contribution to debates about online speech.

Book Against Obligation

    Book Details:
  • Author : Abner S. Greene
  • Publisher : Harvard University Press
  • Release : 2012-04-13
  • ISBN : 0674069390
  • Pages : 340 pages

Download or read book Against Obligation written by Abner S. Greene and published by Harvard University Press. This book was released on 2012-04-13 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means? These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene’s case is not only “against” obligation. It is also “for” an approach he calls “permeable sovereignty”: all of our norms are on equal footing with the state’s laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.

Book Media Freedom and the Law

    Book Details:
  • Author : András Koltay
  • Publisher : Taylor & Francis
  • Release : 2024-08-01
  • ISBN : 1040101127
  • Pages : 314 pages

Download or read book Media Freedom and the Law written by András Koltay and published by Taylor & Francis. This book was released on 2024-08-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main objectives of media regulation in Europe are to protect media freedom, to ensure the social responsibility of the media, and to prevent harm caused by speech published through the media. This book examines the way in which these are reflected in European legal regimes and jurisprudence at the supranational, regional, and national levels. It addresses the theoretical considerations behind the protection and restriction of media freedom. It starts from the assumption that there is a common European ideal of media freedom as a human right. Apart from EU law, and in many cases similar national regulations, many common points can be identified across Europe in the theoretical underpinnings of this right, and the history of struggles for this freedom in different European countries also shows common features. While the focus is on media freedom in Europe, the work also discusses the uniquely distinct concept of freedom of expression and of the media that is prevalent in the US, the principles of which have a significant impact in Europe. The book uses a comparative method, in part, as it attempts to outline the common regulatory framework for the idea of media freedom on a European scale. The reference to national laws and court decisions is intended to illustrate this picture, looking primarily at what binds European states together. The work will be a valuable resource for those working in the areas of public law, media law, media studies, comparative law, international human rights law, and legal philosophy.

Book Rhetorical Citizenship and Public Deliberation

Download or read book Rhetorical Citizenship and Public Deliberation written by Christian Kock and published by Penn State Press. This book was released on 2015-06-29 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizenship has long been a central topic among educators, philosophers, and political theorists. Using the phrase “rhetorical citizenship” as a unifying perspective, Rhetorical Citizenship and Public Deliberation aims to develop an understanding of citizenship as a discursive phenomenon, arguing that discourse is not prefatory to real action but in many ways constitutive of civic engagement. To accomplish this, the book brings together, in a cross-disciplinary effort, contributions by scholars in fields that rarely intersect. For the most part, discussions of citizenship have focused on aspects that are central to the “liberal” tradition of social thought—that is, questions of the freedoms and rights of citizens and groups. This collection gives voice to a “republican” conception of citizenship. Seeing participation and debate as central to being a citizen, this tradition looks back to the Greek city-states and republican Rome. Citizenship, in this sense of the word, is rhetorical citizenship. Rhetoric is thus at the core of being a citizen. Aside from the editors, the contributors are John Adams, Paula Cossart, Jonas Gabrielsen, Jette Barnholdt Hansen, Kasper Møller Hansen, Sine Nørholm Just, Ildikó Kaposi, William Keith, Bart van Klink, Marie Lund Klujeff, Manfred Kraus, Oliver W. Lembcke, Berit von der Lippe, James McDonald, Niels Møller Nielsen, Tatiana Tatarchevskiy, Italo Testa, Georgia Warnke, Kristian Wedberg, and Stephen West.

Book Hate Speech and Democratic Citizenship

Download or read book Hate Speech and Democratic Citizenship written by Eric Heinze and published by Oxford University Press. This book was released on 2016-02-04 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most modern democracies punish hate speech. Less freedom for some, they claim, guarantees greater freedom for others. Heinze rejects that approach, arguing that democracies have better ways of combatting violence and discrimination against vulnerable groups without having to censor speakers. Critiquing dominant free speech theories, Heinze explains that free expression must be safeguarded not just as an individual right, but as an essential attribute of democratic citizenship. The book challenges contemporary state regulation of public discourse by promoting a stronger theory of what democracy is and what it demands. Examining US, European, and international approaches, Heinze offers a new vision of free speech within Western democracies.

Book The Demon in Democracy

Download or read book The Demon in Democracy written by Ryszard Legutko and published by Encounter Books. This book was released on 2018-06-26 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ryszard Legutko lived and suffered under communism for decades—and he fought with the Polish anti-communist movement to abolish it. Having lived for two decades under a liberal democracy, however, he has discovered that these two political systems have a lot more in common than one might think. They both stem from the same historical roots in early modernity, and accept similar presuppositions about history, society, religion, politics, culture, and human nature. In The Demon in Democracy, Legutko explores the shared objectives between these two political systems, and explains how liberal democracy has over time lurched towards the same goals as communism, albeit without Soviet style brutality. Both systems, says Legutko, reduce human nature to that of the common man, who is led to believe himself liberated from the obligations of the past. Both the communist man and the liberal democratic man refuse to admit that there exists anything of value outside the political systems to which they pledged their loyalty. And both systems refuse to undertake any critical examination of their ideological prejudices.

Book How Democracies Die

Download or read book How Democracies Die written by Steven Levitsky and published by Crown. This book was released on 2019-01-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • “Comprehensive, enlightening, and terrifyingly timely.”—The New York Times Book Review (Editors' Choice) WINNER OF THE GOLDSMITH BOOK PRIZE • SHORTLISTED FOR THE LIONEL GELBER PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY The Washington Post • Time • Foreign Affairs • WBUR • Paste Donald Trump’s presidency has raised a question that many of us never thought we’d be asking: Is our democracy in danger? Harvard professors Steven Levitsky and Daniel Ziblatt have spent more than twenty years studying the breakdown of democracies in Europe and Latin America, and they believe the answer is yes. Democracy no longer ends with a bang—in a revolution or military coup—but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one. Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die—and how ours can be saved. Praise for How Democracies Die “What we desperately need is a sober, dispassionate look at the current state of affairs. Steven Levitsky and Daniel Ziblatt, two of the most respected scholars in the field of democracy studies, offer just that.”—The Washington Post “Where Levitsky and Ziblatt make their mark is in weaving together political science and historical analysis of both domestic and international democratic crises; in doing so, they expand the conversation beyond Trump and before him, to other countries and to the deep structure of American democracy and politics.”—Ezra Klein, Vox “If you only read one book for the rest of the year, read How Democracies Die. . . .This is not a book for just Democrats or Republicans. It is a book for all Americans. It is nonpartisan. It is fact based. It is deeply rooted in history. . . . The best commentary on our politics, no contest.”—Michael Morrell, former Acting Director of the Central Intelligence Agency (via Twitter) “A smart and deeply informed book about the ways in which democracy is being undermined in dozens of countries around the world, and in ways that are perfectly legal.”—Fareed Zakaria, CNN

Book Freedom in the World 2018

Download or read book Freedom in the World 2018 written by Freedom House and published by Rowman & Littlefield. This book was released on 2019-01-31 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom in the World is the standard-setting comparative assessment of global political rights and civil liberties. The methodology of this survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories.

Book Democracy and Truth

    Book Details:
  • Author : Sophia Rosenfeld
  • Publisher : University of Pennsylvania Press
  • Release : 2018-11-29
  • ISBN : 0812250842
  • Pages : 221 pages

Download or read book Democracy and Truth written by Sophia Rosenfeld and published by University of Pennsylvania Press. This book was released on 2018-11-29 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Fake news," wild conspiracy theories, misleading claims, doctored photos, lies peddled as facts, facts dismissed as lies—citizens of democracies increasingly inhabit a public sphere teeming with competing claims and counterclaims, with no institution or person possessing the authority to settle basic disputes in a definitive way. The problem may be novel in some of its details—including the role of today's political leaders, along with broadcast and digital media, in intensifying the epistemic anarchy—but the challenge of determining truth in a democratic world has a backstory. In this lively and illuminating book, historian Sophia Rosenfeld explores a longstanding and largely unspoken tension at the heart of democracy between the supposed wisdom of the crowd and the need for information to be vetted and evaluated by a learned elite made up of trusted experts. What we are witnessing now is the unraveling of the détente between these competing aspects of democratic culture. In four bracing chapters, Rosenfeld substantiates her claim by tracing the history of the vexed relationship between democracy and truth. She begins with an examination of the period prior to the eighteenth-century Age of Revolutions, where she uncovers the political and epistemological foundations of our democratic world. Subsequent chapters move from the Enlightenment to the rise of both populist and technocratic notions of democracy between the nineteenth and twentieth centuries to the troubling trends—including the collapse of social trust—that have led to the rise of our "post-truth" public life. Rosenfeld concludes by offering suggestions for how to defend the idea of truth against the forces that would undermine it.

Book Philosophical Foundations of Human Rights

Download or read book Philosophical Foundations of Human Rights written by Rowan Cruft and published by Oxford University Press. This book was released on 2015 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics

Book The Illusion of the Free Press

Download or read book The Illusion of the Free Press written by John Charney and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between truth and freedom in the free press. It argues that the relationship is problematic because the free press implies a competition between plural ideas, whereas truth is univocal. Based on this tension the book claims that the idea of a free press is premised on an epistemological illusion. This illusion enables society to maintain that the world it perceives through the press corresponds to the world as it actually exists, explaining why defenders of the free press continue to rely on its capacity to discover the truth, despite economic conditions and technological innovations undermining much of its independence. The book invites the reader to reconsider the philosophical foundations, constitutional justifications, and structure and functions of the free press, and whether the institution can, in fact, realise both freedom and truth. It will be of great interest to anyone concerned in the role and value of the free press in the modern world.

Book The Politics of Sincerity

Download or read book The Politics of Sincerity written by Elizabeth Markovits and published by Penn State Press. This book was released on 2010-11 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing frustration with “spin doctors,” doublespeak, and outright lying by public officials has resulted in a deep public cynicism regarding politics today. It has also led many voters to seek out politicians who engage in “straight talk,” out of a hope that sincerity signifies a dedication to the truth. While this is an understandable reaction to the degradation of public discourse inflicted by political hype, Elizabeth Markovits argues that the search for sincerity in the public arena actually constitutes a dangerous distraction from more important concerns, including factual truth and the ethical import of political statements. Her argument takes her back to an examination of the Greek notion of parrhesia (frank speech), and she draws from her study of the Platonic dialogues a nuanced understanding of this ancient analogue of “straight talk.” She shows Plato to have an appreciation for rhetoric rather than a desire to purge it from public life, providing insights into the ways it can contribute to a fruitful form of deliberative democracy today.

Book Informed Publics  Media and International Law

Download or read book Informed Publics Media and International Law written by Daniel Joyce and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the significance of informed publics from the perspective of international law. It does so by analysing international media law frameworks and the 'mediatization' of international law in institutional settings. This approach exposes the complexity of the interrelationship between international law and the media, but also points to the dangers involved in international law's associated and increasing reliance upon the mediated techniques of communicative capitalism – such as publicity – premised upon an informed international public whose existence many now question. The book explores the ways in which traditional regulatory and analytical categories are increasingly challenged - revealed as inadequate or bypassed - but also assesses their resilience and future utility in light of significant technological change and concerns about fake news, the rise of big data and algorithmic accountability. Furthermore, it contends that analysing the imbrication of media and international law in the current digital transition is necessary to understand the nature of the problems a system such as international law faces without sufficiently informed publics. The book argues that international law depends on informed global publics to function and to address the complex global problems which we face. This draws into view the role media plays in relation to international law, but also the role of international law in regulating the media, and reveals the communicative character of international law.

Book Deliberative Acts

Download or read book Deliberative Acts written by Arabella Lyon and published by Penn State Press. This book was released on 2015-06-29 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twenty-first century is characterized by the global circulation of cultures, norms, representations, discourses, and human rights claims; the arising conflicts require innovative understandings of decision making. Deliberative Acts develops a new, cogent theory of performative deliberation. Rather than conceiving deliberation within the familiar frameworks of persuasion, identification, or procedural democracy, it privileges speech acts and bodily enactments that constitute deliberation itself, reorienting deliberative theory toward the initiating moment of recognition, a moment in which interlocutors are positioned in relationship to each other and so may begin to construct a new lifeworld. By approaching human rights not as norms or laws, but as deliberative acts, Lyon conceives rights as relationships among people and as ongoing political and historical projects developing communal norms through global and cross-cultural interactions.

Book A Free and Regulated Press

    Book Details:
  • Author : Paul Wragg
  • Publisher : Bloomsbury Publishing
  • Release : 2020-05-28
  • ISBN : 1509927255
  • Pages : 417 pages

Download or read book A Free and Regulated Press written by Paul Wragg and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book provides a systematic, philosophically-grounded reconceptualisation of press freedom and press regulation. In a major departure from orthodox norms, the book argues that press freedom and coercive independent press regulation are not mutually exclusive; that newspapers could be made to compensate their victims, through regulation, without jeopardising their free speech rights; that their perceived public watchdog status does not exempt them; and, ultimately, that mandatory press regulation is not unconstitutional. In doing so, the book questions our most deeply-held, intuitive beliefs about the press and its role in society. Why do we say the printed press has a duty to act as a public watchdog when there is no legally enforceable apparatus by which to ensure it does? Why does government constantly recommend that the press regulate itself when history shows this model always fails? Why do victims of press malfeasance continue to suffer needlessly? By deconstructing the accepted view of press freedom and mandatory regulation, this book shows that both are deeply misunderstood. The prevailing notion that the press must serve the public is an empty relic of Victorian ideology that is both philosophically incoherent and legally unjustifiable. The press is obliged to make good, not do good.

Book The Unmaking of the President 2016

Download or read book The Unmaking of the President 2016 written by Lanny J. Davis and published by Simon and Schuster. This book was released on 2018-02-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive account that proves that James Comey threw the 2016 election to Donald Trump. “Compelling criticism…lapsed Trump supporters might well open their minds to this attorney’s scholarly, entirely convincing proof of the damage done” (Kirkus Reviews, starred review). During the week of October 24, 2016, Hillary Clinton was decisively ahead of Donald Trump in most polls. Then FBI Director James Comey sent his infamous letter to Congress on October 28, saying the bureau was investigating additional emails, potentially relevant to the Hillary Clinton email case. In The Unmaking of the President 2016, attorney Lanny J. Davis shows how Comey’s misguided announcement—just eleven days before the election—swung a significant number of voters away from Clinton, winning Trump an Electoral College victory—and the presidency. Drawing on sources in the intelligence community and Justice Department, Davis challenges Comey's legal rationale for opening a criminal investigation of Clinton's email practices, questions whether Comey received sufficient Justice Department oversight, and cites the odd clairvoyance of Trump ally Rudolph Giuliani, who publicly predicted an "October surprise." Davis proves state by state, using authoritative polling data, how voter support for Clinton dropped after the Comey letter was made public, especially in key battleground states. Despite so many other issues in the election—Trump’s behavior, the Russian hacking, Clinton's campaign missteps—after the October 28 Comey letter, everything changed. Now Davis proves with raw, indisputable data how Comey’s October letter cost Hillary Clinton the presidency and America turned the course of history in the blink of an eye.

Book How Democracy Ends

Download or read book How Democracy Ends written by David Runciman and published by Profile Books. This book was released on 2018-05-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Scintillating ... thought-provoking ... one of the very best of the great crop of recent books on the subject.' Andrew Rawnsley, Observer Democracy has died hundreds of times, all over the world. We think we know what that looks like: chaos descends and the military arrives to restore order, until the people can be trusted to look after their own affairs again. However, there is a danger that this picture is out of date. Until very recently, most citizens of Western democracies would have imagined that the end was a long way off, and very few would have thought it might be happening before their eyes as Trump, Brexit and paranoid populism have become a reality. David Runciman, one of the UK's leading professors of politics, answers all this and more as he surveys the political landscape of the West, helping us to spot the new signs of a collapsing democracy and advising us on what could come next.