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Author: Kent Greenawalt
Publisher: Oxford University Press, USA
ISBN: 9780195057997
Category : Language Arts & Disciplines
Languages : en
Pages : 349
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Book Description
In this book Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, Greenawalt attempts to determine whether liability for such communications seriously conflicts with freedom of speech. In the second half of the book he goes on to develop the significance of his conclusions for American constitutional law, addressing such questions as what should be considered "speech" within the meaning of the First Amendment, and what tests the courts should employ in deciding whether particular criminal statutes should be held constitutional. He concludes that the issues are too complex to yield simple solutions, and insists that the protection of the First Amendment can be reduced neither to one justification nor to one all-purpose test of coverage.
Author: Kent Greenawalt
Publisher: Oxford University Press, USA
ISBN: 9780195057997
Category : Language Arts & Disciplines
Languages : en
Pages : 349
Get Book Here
Book Description
In this book Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, Greenawalt attempts to determine whether liability for such communications seriously conflicts with freedom of speech. In the second half of the book he goes on to develop the significance of his conclusions for American constitutional law, addressing such questions as what should be considered "speech" within the meaning of the First Amendment, and what tests the courts should employ in deciding whether particular criminal statutes should be held constitutional. He concludes that the issues are too complex to yield simple solutions, and insists that the protection of the First Amendment can be reduced neither to one justification nor to one all-purpose test of coverage.
Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0195360265
Category : Philosophy
Languages : en
Pages : 362
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Book Description
In this book Greenawalt explores the three-way relationship between the idea of freedom of speech, the law of crimes, and the many uses of language. He begins by considering free speech as a political principle, and after a thorough and incisive analysis of the justifications commonly advanced for freedom of speech, looks at the kinds of communications to which the principle of free speech applies. He then turns to an examination of communications for which criminal liability is fixed. Focusing on threats and solicitations to crime, Greenawalt attempts to determine whether liability for such communications seriously conflicts with freedom of speech. In the second half of the book he goes on to develop the significance of his conclusions for American constitutional law, addressing such questions as what should be considered "speech" within the meaning of the First Amendment, and what tests the courts should employ in deciding whether particular criminal statutes should be held constitutional. He concludes that the issues are too complex to yield simple solutions, and insists that the protection of the First Amendment can be reduced neither to one justification nor to one all-purpose test of coverage.
Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0190265639
Category : Law
Languages : en
Pages : 513
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Book Description
This third volume about legal interpretation focuses on the interpretation of a constitution, most specifically that of the United States of America. In what may be unique, it combines a generalized account of various claims and possibilities with an examination of major domains of American constitutional law. This demonstrates convincingly that the book's major themes not only can be supported by individual examples, but are undeniably in accord with the continuing practice of the United States Supreme Court over time, and cannot be dismissed as misguided. The book's central thesis is that strategies of constitutional interpretation cannot be simple, that judges must take account of multiple factors not systematically reducible to any clear ordering. For any constitution that lasts over centuries and is hard to amend, original understanding cannot be completely determinative. To discern what that is, both how informed readers grasped a provision and what were the enactors' aims matter. Indeed, distinguishing these is usually extremely difficult, and often neither is really discernible. As time passes what modern citizens understand becomes important, diminishing the significance of original understanding. Simple versions of textualist originalism neither reflect what has taken place nor is really supportable. The focus on specific provisions shows, among other things, the obstacles to discerning original understanding, and why the original sense of proper interpretation should itself carry importance. For applying the Bill of Rights to states, conceptions conceived when the Fourteenth Amendment was adopted should take priority over those in 1791. But practically, for courts, to interpret provisions differently for the federal and state governments would be highly unwise. The scope of various provisions, such as those regarding free speech and cruel and unusual punishment, have expanded hugely since both 1791 and 1865. And questions such as how much deference judges should accord the political branches depend greatly on what provisions and issues are involved. Even with respect to single provisions, such as the Free Speech Clause, interpretive approaches have sensibly varied, greatly depending on the more particular subjects involved. How much deference judges should accord political actors also depends critically on the kind of issue involved.
Author: Raphael Cohen-Almagor
Publisher: Psychology Press
ISBN: 0415357586
Category : Democracy
Languages : en
Pages : 298
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Book Description
This is an interdisciplinary study concerned with the limits of tolerance, the 'democratic catch', and the costs of freedom of expression.
Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0190606940
Category : Law
Languages : en
Pages : 545
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Book Description
Kent Greenawalt's From the Bottom Up constitutes a collection of articles and essays written over the last five decades of his career. They cover a wide range of topics, many of which address ties between political and moral philosophy and what the law does and should provide. A broad general theme is that in all these domains, what really is the wisest approach to difficult circumstances often depends on the particular issues involved and their context. Both judges and scholars too often rely on abstract general formulations to provide answers. A notable example in political philosophy was the suggestion of the great and careful scholar, John Rawls, that laws should be based exclusively on public reason. The essays explain that given uncertainty of what people perceive as the line between public reason and their religion convictions, the inability of public reason to resolve some difficulty questions, such as what we owe to higher animals, and the feeling of many that their religious understanding should count, urging exclusive reliance on public reason is not a viable approach. Other essays show similar problems with asserted bases for legal interpretations and the content of provisions such as the First Amendment.
Author: Christopher Hutton
Publisher: Edinburgh University Press
ISBN: 0748633529
Category : Language Arts & Disciplines
Languages : en
Pages : 256
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Book Description
Language, Meaning and the Law offers an accessible, critical guide to debates about linguistic meaning and interpretation in relation to legal language. Law is an ideal domain for considering fundamental questions relating to how we assign meanings to words, understand and comment on texts, and deal with socially and ideologically significant questions of interpretation. The book argues that theoretical issues of concern to linguists, philosophers, literary theorists and others are illuminated by the demands of the legal context, since law is driven by the need for practical solutions and for determinate outcomes based on explicit reasoning. Topics covered include: the relationship of linguistics to legal theory, indeterminacy and statutory interpretation, the theory and practice of using dictionaries in law, defamation and language in the public sphere, and the distinction between perjury and deception. This book does not assume specialist knowledge of the field, and is designed as a self-contained, advanced introduction to a fascinating area of study. The reader will gain an overall insight into issues and debates about meaning and interpretation, as well as an understanding of how these questions are shaped by the legal context.
Author: John Anderson
Publisher: Cambridge University Press
ISBN: 1009047361
Category : Law
Languages : en
Pages : 1493
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Book Description
Criminal Law Perspectives: From Principles to Practice is an engaging introduction to the criminal law in New South Wales, Victoria, the Australian Capital Territory and the Commonwealth Criminal Code. It takes a comparative approach to the law in these jurisdictions, focusing on prevalent summary offences, substantive federal offences and criminal procedure. Complex concepts are explained and contextualised by linking them to practical applications. Each chapter is supported by tools for self-assessment: review questions; case boxes summarising and extracting key historical and contemporary cases; and longer, narrative end-of-chapter problems that promote student engagement and help students develop problem-solving skills and independent thinking. Criminal Law Perspectives explores the development of criminal law principles in Australia, and provides a comprehensive and accessible overview of criminal law for students studying in the area for the first time.
Author: Jr. Douglas C. Lovelace
Publisher: Oxford University Press
ISBN: 0190654252
Category : Law
Languages : en
Pages : 368
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Book Description
Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their national security interests. Volume 148, Lone Wolf Terrorists, examines the phenomenon of the solitary domestic terrorist, analyzes the distinction between such terrorists and mass murderers who are not deemed to be terrorists, considers the motivations of violent extremists, and examines the dilemmas faced by law enforcement in preventing solitary political extremists with violent ideologies from translating their beliefs into actions. The volume is divided into three sections, providing an overview of the topic, an examination of strategies for prevention of such attacks, and a consideration of the Internet's role in contributing to radicalization. Documents included in this volume include a CRS report on domestic terrorism, a report examining violent radicalization from a criminal justice perspective, and a CRS report differentiating hate crimes from domestic terrorism, as well as other reports on the lone wolf terrorism phenomenon and strategies to prevent and/or counter it. The last document in the volume is a CRS report relating to the advocacy of terrorism on the Internet, especially including social media, and the ways in which law enforcement might be able to address the problem of dangerous online speech within the current U.S. legal structure.
Author: Jethro K. Lieberman
Publisher: Univ of California Press
ISBN: 0520340655
Category : History
Languages : en
Pages : 810
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Book Description
This is the most comprehensive and readable one-volume reference book in print, accessible to lay readers and specialists alike, on the meaning of the American Constitution as the Supreme Court has interpreted it. It is an indispensable tool for students and lay persons who want to understand today's constitutional controversies and their background in our history. It is equally useful to lawyers and other specialists who seek quick reviews of constitutional issues with immediate reference to cases for further research. Unlike conventional treatises that discuss the Constitution clause by clause or under a few broad concepts, this book uniquely treats every aspect of the Constitution and every constitutional topic in alphabetical order, in more than 1,000 short essays. It is extensively cross-referenced and exhaustively indexed, so that even a reader with only a minimal notion of the Constitution or constitutional law can quickly find clear answers to questions about pressing issues of the day. Among the other unique features: a set of introductory essays on the background of the Constitution and the many difficulties of interpreting it; a concordance to each word and phrase in the Constitution; a year-by-year chronology of justices who have served on the Supreme Court; and a table of the more than 2,650 Supreme Court cases from 1792 to the present referred to in the book, listing the vote, the author of the majority opinion, the concurring and dissenting justices, and the length of the opinions.
Author: Robert Trager
Publisher: SAGE Publications
ISBN: 1452263574
Category : Language Arts & Disciplines
Languages : en
Pages : 241
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Book Description
An ideal supplement for any course with the goal to make free speech issues meaningful and relevant to young media professionals today. Features of the text: INTERACTIVE - it helps instructors engage students in meaningful discussions about current free speech issues. It presents situations, often taken from court cases, followed by questions that challenge students to clarify and justify their own beliefs about freedom of expression. INTERNATIONAL - communicates how and why countries and governments, other than the United States, deal with free speech issues in different ways. NEUTRAL- not a flag-waving catechism for the "American way". Asks difficult questions as to whether the freedoms many U. S. citizens take for granted are the best approach to some issues. It develops critical thinking skills.
