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On Monday, May 4th, 1970, members of the Ohio National Guard fired 61 rounds of bullets into the Kent State University students protesting about the invasion of Cambodia. This work develops the ideas of the first symposium on American democracy established to commemorate the tragedy.
A sceptical appraisal of the claim that freedom of expression is a human right.
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
History and Legal Norms
"Chronicles the stories that narrate our First Amendment right to speak our minds"--
Presents a collection of essays that provide an examination of the judicial branch of the American government, including its history, its imapct, and its future.
From Librarian of Congress, James Billington, to founding director of the Center for the Book, John Cole, the leading-edge information specialists of the day share their insights on the role libraries play in advancing democracy.
The past thirty years have seen a surge of empirical research into political decision making and the influence of framing effects--the phenomenon that occurs when different but equivalent presentations of a decision problem elicit different judgments or preferences. During the same period, political philosophers have become increasingly interested in democratic theory, particularly in deliberative theories of democracy. Unfortunately, the empirical and philosophical studies of democracy have largely proceeded in isolation from each other. As a result, philosophical treatments of democracy have overlooked recent developments in psychology, while the empirical study of framing effects has ignored much contemporary work in political philosophy. In Framing Democracy, Jamie Terence Kelly bridges this divide by explaining the relevance of framing effects for normative theories of democracy. Employing a behavioral approach, Kelly argues for rejecting the rational actor model of decision making and replacing it with an understanding of choice imported from psychology and social science. After surveying the wide array of theories that go under the name of democratic theory, he argues that a behavioral approach enables a focus on three important concerns: moral reasons for endorsing democracy, feasibility considerations governing particular theories, and implications for institutional design. Finally, Kelly assesses a number of methods for addressing framing effects, including proposals to increase the amount of political speech, mechanisms designed to insulate democratic outcomes from flawed decision making, and programs of public education. The first book to develop a behavioral theory of democracy, Framing Democracy has important insights for democratic theory, the social scientific understanding of political decision making, economics, and legal theory.
Civil disobedience is a public, nonviolent, conscientious yet political act, contrary to law, carried out to communicate opposition to law and policy of government. This book presents a theory of civil disobedience that draws on ideas associated with deliberative democracy. This book explores the ethics of civil disobedience in democratic societies. It revisits the theoretical literature on civil disobedience with a view to taking a fresh look at long-standing questions: When is civil disobedience a justified method of political protest? What role, if any, does it play in democratic politics? Is there a moral right to civil disobedience in a democratic society? And how should a democratic state respond to citizens who commit civil disobedience? The answers given to these questions add up to a coherent and distinctive theory of civil disobedience, which draws on ideas associated with deliberative democracy to forge an account that improves upon prominent approaches to this subject. Civil Disobedience and Deliberative Democracy will be of interest to students and scholars of contemporary political theory, political science, democratization studies, social movement studies, criminology, legal theory and moral philosophy.
This ground breaking book provides empirical and theoretical insights into the interface between deliberative democracy and the rough and tumble of interest groups in advocacy politics. It examines how deliberative ideals work alongside the adversarial realties of interest-based politics.