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Freedom of Expression and the Law in Russia: Asymmetrical Information (Studies in Contemporary Russia)
by Mariya RiekkinenThis book discusses how Russia’s legal system restricts freedom of expression.As the author analyses legal amendments restricting the free flow of information since 2012, she draws upon Akerlof’s framework of “Asymmetrical information” and Luhmann’s “System Theory” to show how these amendments have deprived citizens of the opportunity to voice criticisms, influence public affairs, or take collective action against decision-makers. Among the innovations are the establishment of a “President Emeritus” institution and the introduction of laws through legislative processes already on hold – something we call “legislation through winter preservatives.” The author provides a nuanced understanding of these and other processes that limit the free flow of information while simultaneously exploring the reasons why Russia’s regime still endures.The volume will be of interest to scholars and students of law, political science, international law, area studies, development studies, peace research, comparative politics/comparative area studies, citizenship studies, communication studies, social movements, and international organisations. Experts working with Russia in international organisations and the media will also find this systematic analysis of the transformation of Russian legislation and its consequences invaluable.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non-Commercial (CC-BY-NC) 4.0 license. Open Access has been funded by Åbo Akademi University.
Freedom of Expression in a Diverse World
by Deirdre GolashThe debate over the foundations and boundaries of freedom of speech, once a matter of balancing the individual rights of unpopular speakers against broader social interests, took on a new shape in the 1980s when feminists began to advocate restrictions on pornography and critical race theorists to advocate restriction of certain kinds of hate speech. These challenges to traditional liberalism brought into sharp focus the issues of why we value free speech and how much weight it should be given against competing values. Difficult as it is to resolve these issues domestically, we now face new challenges arising from the increasingly rapid dissemination of information across international borders in an atmosphere of considerable political tension. The riots in response to the publication of Danish cartoons ridiculing Mohammed and the death threats against Salman Rushdie indicate how dramatically the stakes have been raised. At the same time, there is increased concern over discriminatory treatment of sexual minorities, Muslims, and immigrants. Against this background, the essays in this volume seek to illuminate why we value freedom of speech and expression and how this freedom can be weighed against other values, such as multicultural sensitivity, the rights of racial and sexual minorities, and the prevention of violence, both domestically and internationally.
Freedom of Expression of Judges: European and National Perspectives
by Federica Casarosa, Mohor Fajdiga and Madalina MoraruThis book addresses the impact of developments surrounding the freedom of expression of judges by building on the experience of judges themselves, legal practitioners and academics across Europe. Like everybody, judges enjoy freedom of expression. However, historically, there have been starker limitations to the free speech of judges compared to ordinary citizens, the rationale being to safeguard judicial independence, impartiality and public trust in the judiciary. Where exactly the boundary lies is a highly complex question. The recent developments in Europe have rekindled the dilemma of guaranteeing freedom of expression to judges. The rule of law crisis has led many judges to speak out against the attacks of autocratic governments targeting judges and courts. The rapid expansion of the digital world has opened up new channels of communication, and the growing role of courts in society has expanded the reach of courts to practically any social issue, even the most polarised. This work critically analyses the recent jurisprudence of the Court of Justice of the EU and the European Court of Human Rights, its reception at the national level and the contribution of national judiciaries to the discussion pervading the European judicial space. It seeks to raise awareness that judicial speech is a multifaceted phenomenon shaped by complex legal and social considerations worth further exploration. The book will be of interest to academics, researchers, and policy-makers working in the areas of Human Rights Law, Constitutional Law and Politics, and Comparative Law.
Freedom of Information Law and Good Governance: The Curse of Corruption in Sierra Leone
by Emmanuel Saffa AbdulaiThis book argues that Sierra Leone’s ten-year civil conflict demonstrates the criticality of freedom of information (FOI) as a facet of good governance where corruption thrives, spanning both public and private sectors, if Sierra Leone’s continued security and stability are to be ensured. It argues that it was the absence of an anti-corruption tool like FOI and its attendants, transparency, and accountability, in governance generally, and in the area of the extractive industry in particular, that lead to other social phenomena which directly sparked the war. It proffers that for the continued consolidation of peace, security, stability and development in Sierra Leone, transparency and accountability must be ensured by protecting and implementing the demand driven anti-graft FOI.Straddling the disciplines of law, political science, public policy, and history, the book’s major premise is that it was the absence of FOI in the area of governance and the extractive industry, which enabled politicians, civil servants and the politically connected to ransom and exploit Sierra Leone’s mineral resources for their own profit with impunity, a state of affairs which led to underdevelopment, state collapse and an embittered civil populace especially the youth. The book postulates that as such any attempt to ensure long-term peace in Sierra Leone, should seek to avoid replicating the conditions that gave rise to that gruesome conflict- elites expropriation of national resources through endemic graft. The book proposes the comprehensive and effective implementation of the Right to Information Act 2013.
Freedom of Information Reform in China: Information Flow Analysis (Routledge Law in Asia)
by Weibing XiaoFreedom of Information (FOI) in China is often perceived as a recent and intriguing phenomenon. This book presents a more complex and detailed understanding of the evolution of FOI in China, using information flow analysis to explore the gradual development of government receptivity to FOI in an information environment through time. The book argues that it is necessary to reassess the widely divergent origins of FOI reform in China, and asserts that social, political and legal factors should have central roles in understanding the development of FOI in China. The book uses information flow analysis to find that FOI reform in China formed part of a much longer process of increased transparency in the Chinese information environment, which gradually shifted from the acceptance of proactive disclosure to that of reactive disclosure. FOI thus has become a beneficiary of this gradual transformation of the Chinese information environment.
Freedom of Information: Local Government and Accountability
by Michael Hunt Richard A. ChapmanThis volume contains articles examining freedom of information statutes, including those protecting government employees who expose official misconduct. Using United States laws as examples, the articles explore the relationship of these laws to administrative and constitutional theory in the United States. In addition, they demonstrate how varying conceptions of information illuminate the controversies in the application of these laws to the revolution in the electronic storage and retrieval of information. The articles allow the reader to speculate how the connection of these laws to liberal democratic theory explains their recent adoption in several countries and their international application.
Freedom of Information: Local Government and Accountability
by Michael Hunt Richard A. ChapmanThis volume contains articles examining freedom of information statutes, including those protecting government employees who expose official misconduct. Using United States laws as examples, the articles explore the relationship of these laws to administrative and constitutional theory in the United States. In addition, they demonstrate how varying conceptions of information illuminate the controversies in the application of these laws to the revolution in the electronic storage and retrieval of information. The articles allow the reader to speculate how the connection of these laws to liberal democratic theory explains their recent adoption in several countries and their international application.
Freedom of Information: Local Government and Accountability
by Robert G. VaughnThis volume contains articles examining freedom of information statutes, including those protecting government employees who expose official misconduct. Using United States laws as examples, the articles explore the relationship of these laws to administrative and constitutional theory in the United States. In addition, they demonstrate how varying conceptions of information illuminate the controversies in the application of these laws to the revolution in the electronic storage and retrieval of information. The articles allow the reader to speculate how the connection of these laws to liberal democratic theory explains their recent adoption in several countries and their international application.
Freedom of Religion and Belief in Turkey: Religion, Society and Politics
by Özgür Heval ÇınarThe freedom of thought, conscience, and religion, from which stem the tenets of pluralism, tolerance, and open-mindedness, are some of the most basic freedoms of a democratic society. This book illustrates the current state of the freedom of religion or belief in Turkey and the challenges and complex problems facing it, concentrating on the most topical issues: being compelled to reveal one’s religion and beliefs on the national identity card; the right of conscientious objection and conscientious objectors; compulsory religious education; recognition of faith groups and the opening of places of worship; and using and wearing religious symbols and dress in the public sphere.
Freedom of Religion and Belief: A World Report
by Kevin Boyle Juliet SheenThis report, the first of its kind yet to be published, provides a detailed and impartial account of how the individual's right to hold beliefs is understood, protected or denied throughout the world. Consisting of accessible, short edited entries based on drafts commissioned from experts living in the countries surveyed, it exposes persecution and discrimination in virtually all world regions. The book: * provides an analysis of United Nations standards of freedom of religion and belief * covers over fifty countries, divided into regions and introduced by a regional overview * covers themes including: the relationships between belief groups and the state; freedom to manifest belief in law and practice; religion and schools; religious minorities; new religious movements; the impact of beliefs on the status of women; and the extent to which conscientious objection to military service is recognised by governments * draws on examples of accommodation and co-operation between different religions and beliefs and identifies the main challenges to be overcome if the diversity of human conviction is to be established.
Freedom of Religion and Belief: Volume II (The Library of Essays on Law and Religion)
by Silvio Ferrari and Rinaldo CristoforiThe essays and articles selected for this volume analyze what is generally understood by freedom of religion and belief in today’s world. The different aspects of this fundamental right are considered from the contents of freedom of religion, to the possible limitations of this freedom; and from the freedom of, or freedom from, conundrum to the question of the collective or individual right. This volume reflects legal, philosophical and international perspectives, addresses numerous unanswered questions and offers an effective overview of the current literature and debate in this aspect of the discipline of law and religion.
Freedom of Religion and Constitutional Law: Traversing Myth and Modernity in India (ICLARS Series on Law and Religion)
by Amit BindalThis book investigates the intersection of religion and modern law. It explores how secular courts encounter the religious or mythical question which is disavowed by modern institutions. It questions the private-public dichotomy of liberal constitutionalism which relegates religion to the private sphere. It argues that in ex-colonial societies like India which are foundationally and diversely religious, the courts need to work through and engage with the difficulties and complexities posed by their continual encounter with the question of religion rather than re-affirming the myth of separation of law and myth, state and religion. This work demonstrates that any other approach leads to its repression and resultant reemergence in various forms. Such an approach of working through religious categories will be effective in the struggle against religious fanaticism that has seen a resurgence in contemporary times. The book will be a valuable resource for students and academics working in law, religious studies, history and political science.
Freedom of Religion and Religious Diversity: State Accommodation of Religious Minorities (ISSN)
by Md Jahid Hossain Bhuiyan Ann BlackToday, pluralism is increasingly the norm and can be seen as a permanent characteristic of modernity. As seen in world events, religion has not become irrelevant but more diverse, giving rise to a complex web of religion and belief minorities, together with intra-plural majorities. Nations seek ways to implement the ideal of freedom of religion, but as this book shows, whether East or West, in the global North or the South, there is no simple formalism for accommodating religious diversity. Different faith communities have competing needs and demands for the same social space, with tensions inevitably arising. This book highlights responses from liberal democracies which enshrine secularism into their constitutions to other constitutions where religion and ethnic identity are enshrined to prioritise their ethno-religious majority. Western and Asian countries encounter different obstacles and challenges. With analysis from 19 international scholars, the book explores different obstacles and responses to accommodation of religious minorities in a range of jurisdictions. In a globalised world, it will be invaluable for comparative legal scholars, for law and religion scholars, researchers and students, and decision-makers, e.g., governments, non-governmental organisations, and for those who seek to better understand the challenges of our time.
Freedom of Religion and the Secular State
by Russell BlackfordExploring the relationship between religion and the state Focusing on the intersection of religion, law, and politics in contemporary liberal democracies, Blackford considers the concept of the secular state, revising and updating enlightenment views for the present day. Freedom of Religion and the Secular State offers a comprehensive analysis, with a global focus, of the subject of religious freedom from a legal as well as historical and philosophical viewpoint. It makes an original contribution to current debates about freedom of religion, and addresses a whole range of hot-button issues that involve the relationship between religion and the state, including the teaching of evolution in schools, what to do about the burqa, and so on.
Freedom of Religion or Belief in the European Convention on Human Rights: A Reappraisal
by Caroline K. RobertsThe right to freedom of thought, conscience and religion in Article 9 of the European Convention on Human Rights (ECHR) has become increasingly significant and contested. Through an examination of ECHR Article 9, its drafting history, and the related jurisprudence of the European Court of Human Rights (ECtHR), Caroline K. Roberts challenges the classic approach to this right in the literature. Roberts argues that claims that there is, or should be, a clear binary and hierarchical distinction between the absolutely protected internal realm and the qualified external realm in this right are not founded textually or jurisprudentially. Rather, the primary materials suggest that the internal and external aspects are deeply interrelated, and this is reflected in the ECtHR's nuanced and holistic approach to ECHR Article 9 protection. This comprehensive, rigorous and up-to-date reappraisal of ECHR Article 9 and the related ECtHR jurisprudence will be essential reading for academics and practitioners.
Freedom of Religion, Security and the Law: Key Challenges for a Pluralistic Society (Routledge-Giappichelli Studies in Religion, Law and Economics in the Mediterranean Space)
by Natascia Marchei Daniela MilaniThis collection addresses many of the issues arising from the management of religious and cultural diversity in a multicultural society and refers to the complex relationship between the right to religious freedom and security. In recent decades, and particularly since September 2001, the right to religious freedom, which has hitherto been widely protected, has come up against a significant challenge in terms of security, or rather, in the subjectively and publicly perceived feelings of security. This book collects original theoretical, legal and comparative contributions addressing several implications for the right to freedom of religion or belief through the lens of security. It offers a new key to understanding how to manage the processes of integration of religious diversity in multifaith societies. Written by leading experts in the area, the work reveals the importance of avoiding simplistic conclusions and unfounded prejudices about religious freedom, and of limiting restrictive or repressive interventions to situations of genuine danger. The book will be an essential resource for researchers, academics and policy-makers working in the areas of Law and Religion, Human Rights Law and Security Studies.
Freedom of Speech and Information in Global Perspective
by Pekka Hallberg Janne VirkkunenThis book offers a unique exploration of the current state of freedom of speech as a basic right available to everyone. The research focuses on the different development stages of the concept of freedom of speech and the use of modern indicators to depict the its treatment in different legal cultures, including the obligations under international treaties and the effects that the globalising and digitalising environment have had on it. The authors conduct a broad survey of freedom of speech around the world, from Europe over Russia and both Americas to Africa, Asia, and Australia. The aim of this survey is to identify safeguards of freedom of speech on both a national and an international level, violations and threat scenarios, and in particular challenges to freedom of speech in the digital era.
Freedom of Speech in the United States
by Thomas L. Tedford Dale A. HerbeckFreedom of Speech in the United States provides students who have minimal legal background with a readable historical survey and an up-to-date analysis of free speech issues and cases in the United States. This information is presented in an organized manner to explain specialized terms so that the student, with the help of the book's case summaries and glossary, can follow the historical figures and fascinating stories that are such an important part of the study of freedom of expression. The eighth edition has been updated to reflect the latest free speech decisions of the U.S. Supreme Court, as well as ongoing controversies such as Wikileaks and the release of government documents, the liability of Internet Service Providers for user behavior, file hosting services that can be used to share copyrighted material, Net neutrality, libel tourism, and the implications to U.S. citizens of European laws concerning the right to be left alone. The text is intended for college and university courses that focus on the free speech clause of the First Amendment.
Freedom of Speech: Mightier Than the Sword
by David K. ShiplerA provocative, timely assessment of the state of free speech in America With his best seller The Working Poor, Pulitzer Prize winner and former New York Times veteran David K. Shipler cemented his place among our most trenchant social commentators. Now he turns his incisive reporting to a critical American ideal: freedom of speech. Anchored in personal stories--sometimes shocking, sometimes absurd, sometimes dishearteningly familiar--Shipler's investigations of the cultural limits on both expression and the willingness to listen build to expose troubling instabilities in the very foundations of our democracy. Focusing on recent free speech controversies across the nation, Shipler maps a rapidly shifting topography of political and cultural norms: parents in Michigan rallying to teachers vilified for their reading lists; conservative ministers risking their churches' tax-exempt status to preach politics from the pulpit; national security reporters using techniques more common in dictatorships to avoid leak prosecution; a Washington, D.C., Jewish theater's struggle for creative control in the face of protests targeting productions critical of Israel; history teachers in Texas quietly bypassing a reactionary curriculum to give students access to unapproved perspectives; the mixed blessings of the Internet as a forum for dialogue about race. These and other stories coalesce to reveal the systemic patterns of both suppression and opportunity that are making today a transitional moment for the future of one of our founding principles. Measured yet sweeping, Freedom of Speech brilliantly reveals the triumphs and challenges of defining and protecting the boundaries of free expression in modern America.From the Hardcover edition.
Freedom of the Border
by Paul SchefferThere are few issues more contentious today than the nature and purpose of borders. Migration flows and the refugee crisis have propelled the issue of borders into the centre of political debate and revealed our moral unease more clearly than ever. Who are we to deny others access to our territory? Is not freedom of movement a basic human right, one that should be defended above all others? In this book Paul Scheffer takes a different view. Rather than thinking of borders as obstacles to freedom, he argues that borders make freedom possible. Democracy and redistributive justice are only possible with the regulation of access to territories and rights. When liberals ignore an open society’s need for borders, people with authoritarian inclinations will begin to erect them. In the context of Europe, the project of removing internal borders can therefore only be successful if Europe accepts responsibility for its external border. This timely and important book challenges conventional ways of thinking and will be of interest to everyone concerned with the great social and political issues of our time.
Freedom of the Seas and US Foreign Policy: An Intellectual History (Corbett Centre for Maritime Policy Studies Series)
by Connor DonahueThis book critically analyzes US political-military strategy by arguing that freedom of the seas discourse is fundamentally unfit for an era of maritime great power competition.The work conducts a genealogical intellectual history of freedom of the seas discourse in US foreign policy to show how the concept has evolved over time to facilitate American control over the global ocean space. It concludes that the contemporary discourse works to establish the high seas as an arena free from claims of sovereignty so that the United States, as the presumed unrivaled naval power, can intervene globally on behalf of its national interests. However, since sea control strategies depend on a preponderance of material force, as the United States wanes in relative material capability it becomes less able to support political-military strategies predicated on the assumption of global naval dominance. The book provides a timely commentary on the current geopolitical competition between the United States and China, and critiques the US approach toward China in the maritime domain in order to highlight potential avenues of foreign policy action that may enable the two countries to mitigate the risk of conflict.This book will be of much interest to students of naval history, maritime security, US foreign policy, and international relations.
Freedom on the Offensive: Human Rights, Democracy Promotion, and US Interventionism in the Late Cold War (The United States in the World)
by William Michael SchmidliIn Freedom on the Offensive, William Michael Schmidli illuminates how the Reagan administration's embrace of democracy promotion was a defining development in US foreign relations in the late twentieth century. Reagan used democracy promotion to refashion the bipartisan Cold War consensus that had collapsed in the late 1960s amid opposition to the Vietnam War. Over the course of the 1980s, the initiative led to a greater institutionalization of human rights—narrowly defined to include political rights and civil liberties and to exclude social and economic rights—as a US foreign policy priority. Democracy promotion thus served to legitimize a distinctive form of US interventionism and to underpin the Reagan administration's aggressive Cold War foreign policies. Drawing on newly available archival materials, and featuring a range of perspectives from top-level policymakers and politicians to grassroots activists and militants, this study makes a defining contribution to our understanding of human rights ideas and the projection of American power during the final decade of the Cold War. Using Reagan's undeclared war on Nicaragua as a case study in US interventionism, Freedom on the Offensive explores how democracy promotion emerged as the centerpiece of an increasingly robust US human rights agenda. Yet, this initiative also became intertwined with deeply undemocratic practices that misled the American people, violated US law, and contributed to immense human and material destruction. Pursued through civil society or low-cost military interventions and rooted in the neoliberal imperatives of US-led globalization, Reagan's democracy promotion initiative had major implications for post–Cold War US foreign policy.
Freedom or Terror: Europe Faces Jihad
by Russell A. BermanIn his analysis of Europe's ambivalence toward jihadist terror and the spread of aggressive Islamism, with particular emphasis on the European responses—or lack thereof—to this violent anti-modernism, Russell A. Berman describes how some European countries opt for appeasement and apologetics, whereas others muster the strength to defend their way of life and stand up for freedom. He describes a complex continent of different nations and traditions to further our understanding of the range of reactions to Islamism.
Freedom to Care: Liberalism, Dependency Care, and Culture (Routledge Studies in Contemporary Philosophy)
by Asha BhandaryThis book presents the first systematic account of dependency care in a liberal theory of justice. Despite the fact that receiving dependency care is necessary for human survival, the practices with which we meet society’s care needs are seldom recognized for their functional role. Instead, norms about gender and race obscure and shape expectations about whose needs for care are legitimate as well as about whose caregiving labor more advantaged members of society will receive. These opaque arrangements must be made visible if we are to remedy skewed intuitions and judgements about care. Freedom to Care develops a modified form of social contract theory with which to evaluate society’s caregiving arrangements. Building on work by feminist liberals and care ethicists, it reframes debates about care to move beyond gender with an inequality-tracking framework that can be employed in any culture. Because care provision has been enmeshed in the subordination of women and people of color, eliminating the invisibility of these forms of labor yields a critical liberal theory of justice with feminist and anti-racist aims.
Freedom to Discriminate: How Realtors Conspired to Segregate Housing and Divide America
by Gene SlaterA landmark history told with supreme narrative skill, Freedom to Discriminate uncovers realtors’ definitive role in segregating America and shaping modern conservative thought. Gene Slater follows this story from inside the realtor profession, drawing on many industry documents that have remained unexamined until now. His book traces the increasingly aggressive ways realtors justified their practices, how they successfully weaponized the word &“freedom&” for their cause, and how conservative politicians have drawn directly from realtors’ rhetoric for the past several decades. Much of this story takes place in California, and Slater demonstrates why one of the very first all-white neighborhoods was in Berkeley, and why the state was the perfect place for Ronald Reagan’s political ascension. The hinge point in this history is Proposition 14, a largely forgotten but monumentally important 1964 ballot initiative. Created and promoted by California realtors, the proposition sought to uphold housing discrimination permanently in the state’s constitution, and a vast majority of Californians voted for it. This vote had explosive consequences—ones that still inform our deepest political divisions today—and a true reckoning with the history of American racism requires a closer look at the events leading up to it. Freedom to Discriminate shatters preconceptions about American segregation, and it connects many seemingly disparate aspects of the nation’s history in a novel and galvanizing way.