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Freedom, today perceived simply as a human right, was a continually contested idea in the early modern period. In Freedom and the Construction of Europe an international group of scholars explore the richness, diversity and complexity of thinking about freedom in the shaping of modernity. Volume 1 examines debates about religious and constitutional liberties, as well as exploring the tensions between free will and divine omnipotence across a continent of proliferating religious denominations. Debates about freedom have been fundamental to the construction of modern Europe, but represent a part of our intellectual heritage that is rarely examined in depth. These volumes provide materials for thinking in fresh ways not merely about the concept of freedom, but how it has come to be understood in our own time.
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.
In discussions on European pre-modern economic growth, the role of individual freedom and of the state has loomed large. This book examines whether different kinds of 'freedoms' (absolutist, parliamentary and republican) caused different economic outcomes, and shows the effect of different political regimes on long term development. It thus offers
Spurred by ideals of individual liberty that took hold in the Western world in the late nineteenth century, psychiatrists and public officials sought to reinvent asylums as large-scale, totally designed institutions that offered a level of freedom and normality impossible in the outside world. This volume explores the “caged freedom” that this new psychiatric ethos represented by analyzing seven such buildings established in the Austro-Hungarian monarchy between the late 1890s and World War I. In the last two decades of the Habsburg Empire, architects of asylums began to abandon traditional corridor-based plans in favor of looser formations of connected villas, echoing through design the urban- and freedom-oriented impulse of the progressive architecture of the time. Leslie Topp considers the paradoxical position of designs that promoted an illusion of freedom even as they exercised careful social and spatial control over patients. In addition to discussing the physical and social aspects of these institutions, Topp shows how the commissioned buildings were symptomatic of larger cultural changes and of the modern asylum’s straining against its ideological anchorage in a premodern past of “unenlightened” restraint on human liberty. Working at the intersection of the history of architecture and the history of psychiatry, Freedom and the Cage broadens our understanding of the complexity and fluidity of modern architecture’s engagement with the state, with social and medical projects, and with mental health, psychiatry, and psychology.
In recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. The author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.
The Price of Freedom surveys and explains the fascinating and intricate history of East Central Europe - the present day countries of the Czech Republic, Hungary, Poland and Slovakia. Taking a thematic approach, the author explores such issues and controversies as the tension between the industrial developed West and the agrarian East Central Europe, the rise of modern nationalism, democracy and authoritarianism and Communism. While the countries of East Central Europe have differed dramatically from one another, the author asserts that they have been bound by a certain community of fate. These comparisons are traced through the Middle Ages and the Early Modern era to the nineteenth and twentieth centuries. This exploration reveals that it is no accident that the Czech Republic, Hungary and Poland were the first among the former Soviet bloc nations to be admitted to NATO, and are likely to become the first members of the expanded European Union. Thus an understanding of their experiences, contributions and their place within the European community of nations vastly enriches our knowledge of Europe's past and present. The second edition of this distinguished book brings the history of the region up to date. It discusses the events of the post-communist decade of the 1990s and the problems resulting from the transition to democracy and market economy.
This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe’s porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.
How to protect rights and limit powers in the algorithmic society? This book searches for answers in European digital constitutionalism.
How did the far right go from illegitimate fringe to contender for public office, and did Europe have anything to do with it? Europe as Ideological Resource argues that European integration functioned as an ideological resource for far right parties looking for legitimation because it enabled them to refashion their political message in a more acceptable form, while maintaining the allegiance of their existing supporters. Drawing on the qualitative analysis of over 400 documents produced by the Movimento Sociale Italiano/Alleanza Nazionale in Italy (1978-2009) and the Rassemblement National in France (1978-2019), Lorimer identifies the core concepts and discourses the parties used to talk about Europe, and the legitimation mechanisms associated with them. The book's narrative is developed through the analysis of four key concepts: the concept of identity, which enabled the parties to transnationalise their message and create a positive association between themselves and Europe; the concept of liberty, which made it possible for them to foster an image of actors holding uncontroversial positions; the concept of threat, which helped them promote the idea that 'desperate times call for desperate measures; and the concept of national interest, which helped them stress commitment to core principles in their ideology. Ever since its re-emergence on the European political scene, scholars have sought to explain the mainstreaming of the far right. By understanding how the process of European integration facilitated its transition from the margins to the mainstream, this book adds one piece to the puzzle of far right legitimation.
This book uses post-structuralist theories of power and discourse to study European integration and the associated forms of governance.