Freedom of Expression
The Revolutionary Roots of American and French Legal Thought
Part of ASCL Studies in Comparative Law
- Author: Ioanna Tourkochoriti, National University of Ireland, Galway
- Date Published: November 2021
- availability: Not yet published - available from October 2024
- format: Hardback
- isbn: 9781316517635
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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.
Read more- Compares French and American approaches to free speech
- Argues that this difference can be understood in reference to the understanding of liberty
- Examines the political context of the two countries in relation to the development of their legal traditions
Reviews & endorsements
'Should all democracies maintain the same freedoms of expression simply because they are democracies? Or should the extent of free speech depend on each society's culture and history? By the end of the eighteenth century it was clear that France and the United States had created different conceptions of democracy, which, as this study masterfully demonstrates, continue to provide illuminating yet complex responses to those enduring questions.' Eric Heinze, Professor of Law and Humanities, Queen Mary University of London
See more reviews'There is no one with as deep a knowledge of the French and American law and politics of freedom of expression as Ioanna Tourkochoriti. This book draws on history, culture, philosophy, and positive law to offer a persuasive account not only of how French and American freedom of expression regimes vary, but also, and more importantly, of what has led to the differences.' Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia
'… [an] excellent study, which deserves the careful attention of historians, legal scholars, and political theorists alike.' John Warner, The Review of Politics
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×Product details
- Date Published: November 2021
- format: Hardback
- isbn: 9781316517635
- length: 256 pages
- dimensions: 235 x 158 x 21 mm
- weight: 0.58kg
- availability: Not yet published - available from October 2024
Table of Contents
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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